[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
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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