[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Rules and Regulations]
[Pages 58463-58466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25181]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
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 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 
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  Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / 
Rules and Regulations  

[[Page 58463]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 26, 30, 40, 50, 70, 73, and 110

[NRC-2018-0200]
RIN 3150-AK15


Miscellaneous Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to make miscellaneous corrections. These changes include 
removing obsolete language and correcting references, an appendix, 
operating hours, a telephone number, an inconsistency in a definition, 
and an office title. 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 December 20, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0200 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-2018-0200. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected].
     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 ``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: 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 26, 30, 40, 50, 70, 
73, and 110 of title 10 of the Code of Federal Regulations (10 CFR) to 
make miscellaneous corrections. These changes include removing obsolete 
language and correcting references, an appendix, operating hours, a 
telephone number, an inconsistency in a definition, and an office 
title. 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 26

    Correct an Inconsistency. In Sec.  26.5, this final rule revises 
the last sentence in the definition of Positive result to correct an 
inconsistency between the definition and the requirement in Sec.  
26.103 by replacing the word ``exceeds'' with the phrase ``is equal to 
or greater than''.
    Remove Obsolete Language. In Sec. Sec.  26.183(a) and 26.187(a), 
this final rule revises the language to remove an expired deadline for 
submission with the original final rule.

10 CFR Parts 30, 40, and 50

    Correct Reference. In Sec. Sec.  30.7, 40.7, and 50.7, this final 
rule removes the incorrect reference to ``10 CFR 19.11(c)'' for NRC 
Form 3 and replaces it with the correct reference to ``10 CFR 
19.11(e)(1).''

10 CFR Part 50

    Correct Missing Reference. In Sec.  50.8(b), this final rule adds 
Sec.  50.12, in numerical order, to the list of sections in 10 CFR part 
50 that contain information collections.

10 CFR Part 70

    Correct Reference. In Sec.  70.38(k)(4), this final rule removes 
the incorrect reference to ``Sec.  70.51(b)(6)'' and replaces it with 
the correct reference to ``Sec.  70.51(a).''

10 CFR Part 73

    Correct Appendix F. In appendix F to 10 CFR part 73, this final 
rule corrects the title of the appendix, updates footnote 1 to 
reference the International Atomic Energy Agency's website for current 
information, and corrects the current list of ratified countries and 
organizations participating in the Convention on the Physical 
Protection of Nuclear Material.

10 CFR Part 110

    Correct Operating Hours. In Sec.  110.2, this final rule removes 
the incorrect operating hours of between ``8:30 a.m. and 4:15 p.m.'' 
and replaces it with the correct operating hours of between ``8:00 a.m. 
and 4:00 p.m.'' for reference service and access to documents requested 
by telephone as described in the definition for the NRC Public Document 
Room.
    Correct Telephone Number. In Sec.  110.4, this final rule removes 
the incorrect telephone number ``(301) 415-2344'' and replaces it with 
the correct telephone number ``301-287-9057'' for the Deputy Director 
of the Office of International Programs.
    Correct Office Title. In Sec.  110.6(b), this final rule removes 
the incorrect Department of Energy (DOE) office title ``Office of 
International Regimes and Agreements'' and replaces it with the correct 
DOE office title ``Office of Nonproliferation and Arms Control.''

III. Rulemaking Procedure

    Under section 553(b) of the Administrative Procedure Act (5 U.S.C. 
553(b)), an agency may waive the requirements for publication in the 
Federal Register of a notice of proposed rulemaking and opportunity for 
comment 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

[[Page 58464]]

a minor and administrative nature dealing with corrections to certain 
CFR sections or are related only to management, organization, 
procedure, and practice. These changes include removing obsolete 
language and correcting references, an appendix, operating hours, a 
telephone number, an inconsistency in a definition, and an office 
title. The Commission is exercising its authority under 5 U.S.C. 553(b) 
to publish these amendments as a final rule. The amendments are 
effective December 20, 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. These changes include 
removing obsolete language and correcting references, an appendix, 
operating hours, a telephone number, an inconsistency in a definition, 
and an office title. They impose no new requirements and make no 
substantive changes to the regulations. The corrections do not involve 
any provisions that would impose backfits as defined in 10 CFR chapter 
I or that would be inconsistent with the issue finality provisions in 
10 CFR part 52. For these reasons, the issuance of 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.

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 26

    Administrative practice and procedure, Alcohol abuse, Alcohol 
testing, Appeals, Chemical testing, Drug abuse, Drug testing, Employee 
assistance programs, Fitness for duty, Management actions, Nuclear 
power plants and reactors, Privacy, Protection of information, 
Radiation protection, Reporting and recordkeeping requirements.

10 CFR Part 30

    Byproduct material, Criminal penalties, Government contracts, 
Intergovernmental relations, Isotopes, Nuclear energy, Nuclear 
materials, Penalties, Radiation protection, Reporting and recordkeeping 
requirements, Whistleblowing.

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 70

    Classified information, Criminal penalties, Emergency medical 
services, Hazardous materials transportation, Material control and 
accounting, Nuclear energy, Nuclear materials, Packaging and 
containers, Penalties, Radiation protection, Reporting and 
recordkeeping requirements, Scientific equipment, Security measures, 
Special nuclear material, Whistleblowing.

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 26, 30, 40, 50, 70, 73, and 
110:

PART 26--FITNESS FOR DUTY PROGRAMS

0
1. The authority citation for part 26 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 53, 103, 104, 107, 
161, 223, 234, 1701 (42 U.S.C. 2073, 2133, 2134, 2137, 2201, 2273, 
2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 
U.S.C. 5841, 5842); 44 U.S.C. 3504 note.

Sec.  26.5  [Amended]

0
2. In Sec.  26.5, in the last sentence of the definition for Positive 
result, remove the word ``exceeds'' and add in its place the phrase, 
``is equal to or greater than''.


Sec.  26.183  [Amended]

0
3. In Sec.  26.183(a), remove the phrase ``By March 31, 2010, the'' and 
add in its place the word ``The''.


Sec.  26.187  [Amended]

0
4. In Sec.  26.187(a), remove the phrase ``By March 31, 2010, any'' and 
add in its place the word ``Any''.

[[Page 58465]]

PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF 
BYPRODUCT MATERIAL

0
5. The authority citation for part 30 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 11, 81, 161, 181, 
182, 183, 184, 186, 187, 223, 234, 274 (42 U.S.C. 2014, 2111, 2201, 
2231, 2232, 2233, 2234, 2236, 2237, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.

Sec.  30.7  [Amended]

0
6. In Sec.  30.7(e)(1), remove the reference ``10 CFR 19.11(c)'' and 
add in its place the reference ``10 CFR 19.11(e)(1)''.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

0
7. 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.  40.7  [Amended]

0
8. In Sec.  40.7(e)(1), remove the reference ``10 CFR 19.11(c)'' and 
add in its place the reference ``10 CFR 19.11(e)(1)''.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
9. 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.  50.7  [Amended]

0
10. In Sec.  50.7(e)(1), remove the reference ``10 CFR 19.11(c)'' and 
add in its place the reference ``10 CFR 19.11(e)(1)''.


Sec.  50.8  [Amended]

0
11. In Sec.  50.8(b), remove ``Sec. Sec.  50.30,'' and add ``Sec. Sec.  
50.12, 50.30,'' in its place.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
12. The authority citation for part 70 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 51, 53, 57(d), 108, 
122, 161, 182, 183, 184, 186, 187, 193, 223, 234, 274, 1701 (42 
U.S.C. 2071, 2073, 2077(d), 2138, 2152, 2201, 2232, 2233, 2234, 
2236, 2237, 2243, 2273, 2282, 2021, 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, secs. 135, 141 (42 U.S.C. 
10155, 10161); 44 U.S.C. 3504 note.


Sec.  70.38  [Amended]

0
13. In Sec.  70.38(k)(4), remove the reference ``Sec.  70.51(b)(6)'' 
and add in its place the reference ``Sec.  70.51(a)''.

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).


0
15. Revise appendix F to part 73 to read as follows:

Appendix F to Part 73--Countries and Organizations That Are Parties to 
the Convention on the Physical Protection of Nuclear Material \1\
---------------------------------------------------------------------------

    \1\ An updated list of party countries and organizations will 
appear annually in the International Atomic Energy Agency's 
publication, Convention on the Physical Protection of Nuclear 
Material, at https://www-legacy.iaea.org/Publications/Documents/Conventions/cppnm_status.pdf. Appendix F will be amended as required 
to maintain its currency.
---------------------------------------------------------------------------

Countries/Organizations

Afghanistan
Albania
Algeria
Andorra
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Belarus
Belgium
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Bulgaria
Burkina Faso
Cabo Verde
Cambodia
Cameroon
Canada
Central African Republic
Chile
China
Colombia
Comoros
Costa Rica
C[ocirc]te d'Ivoire
Croatia
Cuba
Cyprus
Czech Republic
Democratic Rep. of the Congo
Denmark
Djibouti
Dominica
Dominican Republic
Ecuador
El Salvador
Equatorial Guinea
Estonia
Eswatini
Fiji
Finland
France
Gabon
Georgia
Germany
Ghana
Greece
Grenada
Guatemala
Guinea
Guinea-Bissau
Guyana
Haiti
Honduras
Hungary
Iceland
India
Indonesia
Iraq
Ireland
Israel
Italy
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Korea, Republic of
Kuwait
Kyrgyzstan
Lao P.D.R.
Latvia
Lebanon
Lesotho

[[Page 58466]]

Libya
Liechtenstein
Lithuania
Luxembourg
Madagascar
Malawi
Mali
Malta
Marshall Islands
Mauritania
Mexico
Monaco
Mongolia
Montenegro
Morocco
Mozambique
Myanmar
Namibia
Nauru
Netherlands
New Zealand
Nicaragua
Niger
Nigeria
Niue
Norway
Oman
Pakistan
Palau
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Republic of Moldova
Romania
Russian Federation
Rwanda
Saint Kitts and Nevis
Saint Lucia
San Marino
Saudi Arabia
Senegal
Serbia
Seychelles
Singapore
Slovakia
Slovenia
South Africa
Spain
Sudan
Sweden
Switzerland
Tajikistan
Thailand
The frmr. Yug. Rep. of Macedonia
Togo
Tonga
Trinidad and Tobago
Tunisia
Turkey
Turkmenistan
Uganda
Ukraine
United Arab Emirates
United Kingdom
United Republic of Tanzania
United States of America
Uruguay
Uzbekistan
Viet Nam
Yemen
Zambia
EURATOM

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

0
16. 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, 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
17. In Sec.  110.2 in the definition for NRC Public Document Room, 
remove the phrase ``8:30 a.m. and 4:15 p.m.'' and add in its place the 
phrase ``8:00 a.m. and 4:00 p.m.''.


Sec.  110.4  [Amended]

0
18. In Sec.  110.4, remove the phone number ``(301) 415-2344'' and add 
in its place the phone number ``301-287-9057''.


Sec.  110.6  [Amended]

0
19. In Sec.  110.6(b), remove the phrase ``Office of International 
Regimes and Agreements'' and add in its place the phrase ``Office of 
Nonproliferation and Arms Control''.

    Dated at Rockville, Maryland, this 14th day of November, 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. 2018-25181 Filed 11-19-18; 8:45 am]
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