[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30285-30289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13877]
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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. 83, No. 125 / Thursday, June 28, 2018 / Rules
and Regulations
[[Page 30285]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 1, 2, 34, 37, 50, 71, 73, and 140
[NRC-2018-0086]
RIN 3150-AK13
Miscellaneous Corrections
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to make miscellaneous administrative updates and
corrections. The amendments update descriptions of agency organization
and functions, correct cross-reference, typographical, and grammatical
errors, and add a certification recipient and clarifying language. This
document is necessary to inform the public of these non-substantive
amendments to the NRC's regulations.
DATES: This final rule is effective on July 30, 2018.
ADDRESSES: Please refer to Docket ID NRC-2018-0086 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 http://www.regulations.gov and search for Docket ID NRC-2018-0086. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For 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].
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: Jill Shepherd-Vladimir, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-1230, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is amending its regulations in parts 1, 2, 34, 37, 50, 71,
73, and 140 of title 10 of the Code of Federal Regulations (10 CFR) to
make miscellaneous updates and corrections. The amendments update
branch, division, and office titles; update agency organization and
functions; correct cross-reference, typographical, and grammatical
errors; and add a certification recipient and clarifying language. This
document is necessary to ensure orderly codification of the NRC's
requirements and to inform the public of these non-substantive
amendments to the NRC's regulations.
II. Summary of Changes
10 CFR Part 1
Update Organization and Functions. In Sec. 1.34(d), this final
rule removes the rulemaking function from the Office of Administration
(ADM).
Update Organization and Functions. In Sec. 1.42(a) and (b), this
final rule adds the responsibility for leading, managing, and
facilitating rulemaking for the agency to the Office of Nuclear
Material Safety and Safeguards (NMSS).
10 CFR Part 2
Correct Reference. In Sec. 2.101(a)(2), this final rule removes
the incorrect reference to Sec. 2.101(g) and replaces it with the
correct reference to Sec. 2.101(f) in the last sentence.
Update Branch and Office Designation. In Sec. 2.802(b), this final
rule updates the branch and office designation from the Office of
Administration to the Office of Nuclear Material Safety and Safeguards.
10 CFR Part 34
Correct Reference. In Sec. 34.101(c), this final rule removes the
incorrect reference to Sec. 30.6(a)(2) for locations of regional
offices and replaces it with the correct reference to Sec. 30.6(b)(2).
10 CFR Part 37
Include Certification Recipient. In Sec. 37.23(b)(2), after the
second sentence, this final rule adds the sentence ``Provide oath or
affirmation certifications to the ATTN: Document Control Desk;
Director, Office of Nuclear Material Safety and Safeguards.''
Insert Clarifying Language. In Sec. 37.43 paragraphs (d)(2) and
(3), and paragraphs (d)(5) through (8), this final rule adds the phrase
``the list of individuals that have been approved for unescorted
access'' from paragraph (d)(1) to provide the full list of information
required to be protected.
Correct Reference. In Sec. 37.45(b), this final rule removes the
incorrect reference to Sec. 30.6(a)(2) and replaces it with the
correct reference to Sec. [thinsp]30.6(b)(2).
10 CFR Parts 37, 71, and 73
Update Division Title. In Sec. Sec. 37.77(a)(1), 71.97(c)(3)(iii),
and 73.37(b)(2) this final rule updates the Office of Nuclear Material
Safety and Safeguards' division title from ``Division of Material
Safety, State, Tribal, and Rulemaking Programs'' to ``Division of
Materials Safety, Security, State, and Tribal Programs.''
10 CFR Part 50
Correct Typographical Error. In Sec. 50.75(e)(1)(v), this final
rule removes the word ``entity(ies)'' and replaces it with the words
``entity or entities.''
10 CFR Part 73
Correct Spelling. In Sec. 73.70(g), this final rule corrects the
spelling of ``vertification'' to ``verification.''
10 CFR Part 140
Correct Grammatical Error. In Sec. 140.2(b)(2), this final rule
adds the indefinite article ``a'' before the last word in the
paragraph.
Correct Reference. In Sec. 140.3, this final rule presents the
definitions in
[[Page 30286]]
alphabetical order, and removes the paragraph designations.
Clarifying Language. In Sec. 140.13a(a), this final rule adds the
word ``specified'' before ``in Sec. 140.15'' in the last sentence.
Correct Typographical Error. In Sec. 140.22, this final rule
corrects the title from ``Committee'' to ``Commission'' in the last
sentence.
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
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 agency management, organization, procedure, and
practice. Specifically, the revisions update branch, division, and
office titles; update descriptions of agency organization and
functions; correct cross-reference, typographical, and grammatical
errors; and add a certification recipient and clarifying language. 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
July 30, 2018. 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
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; they update branch, division, and office titles;
update descriptions of agency organization and functions; correct
cross-reference, typographical, and grammatical errors; and add a
certification recipient and clarifying language. 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 administrative rulemaking addressing backfitting or issue
finality.
VIII. Congressional Review Act
This final rule is not a rule as defined in the Congressional
Review Act (5 U.S.C. 801-808).
List of Subjects
10 CFR Part 1
Flags, Organization and functions (government agencies), Seals and
insignia.
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 34
Criminal penalties, Incorporation by reference, Manpower training
programs, Occupational safety and health, Packaging and containers,
Penalties, Radiation protection, Radiography, Reporting and
recordkeeping requirements, Scientific equipment, Security measures, X-
rays.
10 CFR Part 37
Byproduct material, Criminal penalties, Exports, Hazardous
materials transportation, Imports, Licensed material, Nuclear
materials, Penalties, Radioactive materials, Reporting and
recordkeeping requirements, Security measures.
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 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 140
Criminal penalties, Extraordinary nuclear occurrence, Insurance,
Intergovernmental relations, Nuclear materials, Nuclear power plants
and reactors, Penalties, Reporting and recordkeeping requirements.
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,
[[Page 30287]]
as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following
amendments to 10 CFR parts 1, 2, 34, 37, 50, 71, 73, and 140:
PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION
0
1. The authority citation for part 1 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 23, 25, 29, 161, 191
(42 U.S.C. 2033, 2035, 2039, 2201, 2241); Energy Reorganization Act
of 1974, secs. 201, 203, 204, 205, 209 (42 U.S.C. 5841, 5843, 5844,
5845, 5849); Administrative Procedure Act (5 U.S.C. 552, 553);
Reorganization Plan No. 1 of 1980, 5 U.S.C. Appendix (Reorganization
Plans).
0
2. In Sec. 1.34, revise paragraph (d) to read as follows:
Sec. 1.34 Office of Administration.
* * * * *
(d) Manages the NRC Management Directives Program and provides
translation services.
0
3. In Sec. 1.42, revise paragraph (a), redesignate paragraphs (b)(26)
through (31) as paragraphs (b)(27) through (32), and add new paragraph
(b)(26) to read as follows:
Sec. 1.42 Office of Nuclear Material Safety and Safeguards.
(a) The Office of Nuclear Material Safety and Safeguards (NMSS) is
responsible for regulating activities that provide for the safe and
secure production of nuclear fuel used in commercial nuclear reactors;
the safe storage, transportation, and disposal of low-level and high-
level radioactive waste and spent nuclear fuel; the transportation of
radioactive materials regulated under the Atomic Energy Act of 1954, as
amended (the Act); and all other medical, industrial, academic, and
commercial uses of radioactive isotopes. The NMSS ensures safety and
security by implementing a regulatory program involving activities
including licensing, inspection, assessment of environmental impacts
for all nuclear material facilities and activities, assessment of
licensee performance, events analysis, enforcement, and identification
and resolution of generic issues. The NMSS leads, manages, and
facilitates rulemaking activities for new, advanced, and operating
power reactors, as well as non-power utilization facilities; nuclear
materials, including production of nuclear fuel used in commercial
nuclear reactors, as well as storage, transportation, and disposal of
high-level radioactive waste and spent nuclear fuel, and the
transportation of radioactive materials regulated by the NRC.
(b) * * *
(26) Leads, manages, and facilitates the following rulemaking
activities:
(i) Develops and implements policies and procedures for the review
and publication of NRC rulemakings, and ensures compliance with the
Regulatory Flexibility Act and the Congressional Review Act;
(ii) Supports all technical, financial, legal, and administrative
rules, including the development of regulatory analyses and the orderly
codification of the NRC's regulations in chapter I of this title; and
(iii) Manages all aspects of the 10 CFR 2.802 Petition for
Rulemaking process.
* * * * *
PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE
0
4. 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.
Sec. 2.101 [Amended]
0
5. In Sec. 2.101(a)(2), in the last sentence remove the reference
``paragraph (g)'' and add in its place the reference ``paragraph (f)''.
0
6. In Sec. 2.802, revise paragraph (b) introductory text to read as
follows:
Sec. 2.802 Petition for rulemaking--requirements for filing.
* * * * *
(b) Consultation with the NRC. A petitioner may consult with the
NRC staff before and after filing a petition for rulemaking by
contacting the Chief, Regulatory Analysis and Rulemaking Support
Branch, Division of Rulemaking, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 1-800-368-5642.
* * * * *
PART 34--LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY
REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS
0
7. The authority citation for part 34 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 81, 161, 181, 182,
183, 223, 234, 274 (42 U.S.C. 2111, 2201, 2231, 2232, 2233, 2273,
2282, 2021); Energy Reorganization Act of 1974, secs. 201, 206 (42
U.S.C. 5841, 5846); 44 U.S.C. 3504 note.
Sec. 34.101 [Amended]
0
8. In Sec. 34.101(c), remove the reference ``Sec. 30.6(a)(2)'' and
add in its place the reference ``Sec. 30.6(b)(2)''.
PART 37--PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2
QUANTITIES OF RADIOACTIVE MATERIAL
0
9. The authority citation for part 37 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 53, 81, 103,
104, 147, 148, 149, 161, 182, 183, 223, 234, 274 (42 U.S.C. 2014,
2073, 2111, 2133, 2134, 2167, 2168, 2169, 2201, 2232, 2233, 2273,
2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202 (42
U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
0
10. In Sec. 37.23, revise paragraph (b)(2) to read as follows:
Sec. 37.23 Access authorization program requirements.
* * * * *
(b) * * *
(2) Each licensee shall name one or more individuals to be
reviewing officials. After completing the background investigation on
the reviewing official, the licensee shall provide under oath or
affirmation, a certification that the reviewing official is deemed
trustworthy and reliable by the licensee. Provide oath or affirmation
certifications to the ATTN: Document Control Desk; Director, Office of
Nuclear Material Safety and Safeguards. The fingerprints of the named
reviewing official must be taken by a law enforcement agency, Federal
or State agencies that provide fingerprinting services to the public,
or commercial fingerprinting services authorized by a State to take
fingerprints. The licensee shall recertify that the reviewing official
is deemed trustworthy and reliable every 10 years in accordance with
Sec. 37.25(c).
* * * * *
0
11. In Sec. 37.43, revise paragraphs (d)(2), (d)(3) introductory text,
(d)(3)(i), (d)(5) through (7), and (d)(8)(ii) to read as follows:
[[Page 30288]]
Sec. 37.43 General security program requirements.
* * * * *
(d) * * *
(2) Efforts to limit access shall include the development,
implementation, and maintenance of written policies and procedures for
controlling access to, and for proper handling and protection against
unauthorized disclosure of, the security plan, implementing procedures,
and the list of individuals that have been approved for unescorted
access.
(3) Before granting an individual access to the security plan,
implementing procedures, or the list of individuals that have been
approved for unescorted access, licensees shall:
(i) Evaluate an individual's need to know the security plan,
implementing procedures, or the list of individuals that have been
approved for unescorted access; and
* * * * *
(5) The licensee shall document the basis for concluding that an
individual is trustworthy and reliable and should be granted access to
the security plan, implementing procedures, or the list of individuals
that have been approved for unescorted access.
(6) Licensees shall maintain a list of persons currently approved
for access to the security plan, implementing procedures, or the list
of individuals that have been approved for unescorted access. When a
licensee determines that a person no longer needs access to the
security plan, implementing procedures, or the list of individuals that
have been approved for unescorted access, or no longer meets the access
authorization requirements for access to the information, the licensee
shall remove the person from the approved list as soon as possible, but
no later than 7 working days, and take prompt measures to ensure that
the individual is unable to obtain the security plan, implementing
procedures, or the list of individuals that have been approved for
unescorted access.
(7) When not in use, the licensee shall store its security plan,
implementing procedures, and the list of individuals that have been
approved for unescorted access in a manner to prevent unauthorized
access. Information stored in nonremovable electronic form must be
password protected.
(8) * * *
(ii) The list of individuals approved for access to the security
plan, implementing procedures, or the list of individuals that have
been approved for unescorted access.
Sec. 37.45 [Amended]
0
12. In Sec. 37.45(b) introductory text, remove the reference ``Sec.
30.6(a)(2)'' and add in its place the reference ``Sec. 30.6(b)(2)''.
Sec. 37.77 [Amended]
0
13. In Sec. 37.77(a)(1), remove the title ``Division of Material
Safety, State, Tribal, and Rulemaking Programs'' and add in its place
the title ``Division of Materials Safety, Security, State, and Tribal
Programs''.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
14. 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.
Sec. 50.75 [Amended]
0
15. In Sec. 50.75(e)(1)(v), in the last sentence, remove the word
``entity(ies)'' and add in its place the words ``entity or entities''.
PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
0
16. 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. 71.97 [Amended]
0
17. In Sec. 71.97(c)(3)(iii), remove the title ``Division of Material
Safety, State, Tribal, and Rulemaking Programs'' and add in its place
the title ``Division of Materials Safety, Security, State, and Tribal
Programs''.
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
0
18. 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. 73.37 [Amended]
0
19. In Sec. 73.37(b)(2), remove the title ``Division of Material
Safety, State, Tribal, and Rulemaking Programs'' and add in its place
the title ``Division of Materials Safety, Security, State, and Tribal
Programs''.
Sec. 73.70 [Amended]
0
20. In Sec. 73.70(g), in the first sentence, remove the word
``vertification'' and add in its place the word ``verification''.
PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY
AGREEMENTS
0
21. The authority citation for part 140 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 170, 223, 234
(42 U.S.C. 2201, 2210, 2273, 2282); Energy Reorganization Act of
1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
Sec. 140.2 [Amended]
0
22. In Sec. 140.2(b)(2), in the last sentence, add the article ``a''
before the last word ``license''.
0
23. Revise Sec. 140.3 to read as follows:
Sec. 140.3 Definitions.
As used in this part:
Act means the Atomic Energy Act of 1954 (68 Stat. 919) including
any amendments thereto.
Commission means the Nuclear Regulatory Commission or its duly
authorized representatives.
Department means the Department of Energy established by the
Department of Energy Organization Act (Pub. L. 95-91, 91 Stat. 565, 42
U.S.C. 7101 et seq.), to the extent that the Department, or its duly
authorized representatives, exercises functions formerly vested in the
U.S. Atomic Energy Commission, its Chairman, members, officers and
components and transferred to the U.S. Energy Research and Development
Administration and to the Administrator thereof pursuant to sections
104 (b), (c) and (d) of the Energy Reorganization Act of 1974 (Pub. L.
93-438, 88 Stat. 1233 at 1237, 42 U.S.C. 5814) and retransferred to the
Secretary of Energy pursuant to section 301(a) of the Department of
Energy Organization Act (Pub. L. 95-91, 91 Stat. 565 at 577-578, 42
U.S.C. 7151).
[[Page 30289]]
Federal agency means a Government agency such that any liability in
tort based on the activities of such agency would be satisfied by funds
appropriated by the Congress and paid out of the United States
Treasury.
Financial protection means the ability to respond in damages for
public liability and to meet the cost of investigating and defending
claims and settling suits for such damages.
Government agency means any executive department, commission,
independent establishment, corporation, wholly or partly owned by the
United States of America which is an instrumentality of the United
States, or any board, bureau, division, service, office, officer,
authority, administration, or other establishment in the executive
branch of the Government.
Nuclear reactor means any apparatus, other than an atomic weapon,
designed or used to sustain nuclear fission in a self-supporting chain
reaction.
Person means:
(1) Any individual, corporation, partnership, firm, association,
trust, estate, public or private institution, group, Government agency
other than the Commission or the Department, except that the Department
shall be considered a person within the meaning of the regulations in
this part to the extent that its facilities and activities are subject
to the licensing and related regulatory authority of the Commission
pursuant to section 202 of the Energy Reorganization Act of 1974 (88
Stat. 1244), any State or any political subdivision thereof, or any
political entity within a State, any foreign government or nation or
any political subdivision of any such government or nation, or other
entity; and
(2) Any legal successor, representative, agent, or agency of the
foregoing.
Plutonium processing and fuel fabrication plant means a plant in
which the following operations or activities are conducted:
(1) Operations for manufacture of reactor fuel containing
plutonium, where the license or licenses authorize the possession of
either five or more kilograms of plutonium, excluding that contained in
sealed sources and welded or otherwise sealed unirradiated or
irradiated fuel rods, at the site of the plant or authorize the
processing of one or more kilograms of plutonium, excluding that
contained in sealed sources and welded or otherwise sealed unirradiated
or irradiated fuel rods, at the plant, including any of the following
processes:
(i) Preparation of fuel material;
(ii) Formation of fuel material into desired shapes;
(iii) Application of protective cladding;
(iv) Recovery of scrap material; and
(v) Storage associated with such operations; or
(2) Research and development activities involving any of the
operations described in paragraph (1) of this definition, except for
research and development activities where the operator is licensed to
possess or use plutonium in amounts less than those specified in
paragraph (1).
Source material means source material as defined in the regulations
contained in part 40 of this chapter.
Special nuclear material means:
(1) Plutonium, uranium 233, uranium enriched in the isotope 233 or
in the isotope 235, and any other material which the Commission,
pursuant to the provisions of section 51 of the Act, determines to be
special nuclear material, but does not include source material; or
(2) Any material artificially enriched by any of the foregoing, but
does not include source material.
Testing reactor means a nuclear reactor which is of a type
described in Sec. 50.21(c) of this chapter and for which an
application has been filed for a license authorizing operation at:
(1) A thermal power level in excess of 10 megawatts; or
(2) A thermal power level in excess of 1 megawatt, if the reactor
is to contain:
(i) A circulating loop through the core in which the applicant
proposes to conduct fuel experiments; or
(ii) A liquid fuel loading; or
(iii) An experimental facility in the core in excess of 16 square
inches in cross-section.
Uranium enrichment facility means:
(1) Any facility used for separating the isotopes of uranium or
enriching uranium in the isotope 235, except laboratory scale
facilities designed or used for experimental or analytical purposes
only; or
(2) Any equipment or device, or important component part especially
designed for such equipment or device, capable of separating the
isotopes of uranium or enriching uranium in the isotope 235.
Sec. 140.13a [Amended]
0
24. In Sec. 140.13a(a), in the last sentence, add the word
``specified'' before ``in Sec. 140.15''.
Sec. 140.22 [Amended]
0
25. In Sec. 140.22, remove the word ``Committee'' and add in its place
the word ``Commission''.
Dated at Rockville, Maryland, this 22nd day of June 2018.
For the Nuclear Regulatory Commission.
Pamela J. Shepherd-Vladimir,
Acting Chief, Regulatory Analysis and Rulemaking Support Branch, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-13877 Filed 6-27-18; 8:45 am]
BILLING CODE 7590-01-P