[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Rules and Regulations]
[Pages 58721-58724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25378]



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 Rules and Regulations
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  Federal Register / Vol. 83 , No. 225 / Wednesday, November 21, 2018 / 
Rules and Regulations  

[[Page 58721]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 37, 40, 70, 71, 72, 73, 76, and 95

[NRC-2018-0183]
RIN 3150-AK14


Miscellaneous Corrections--Organizational Changes

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 an office from a list of office recipients, removing an office 
reference, correcting an office designation and a phone number, 
removing and correcting division titles, and removing a followup 
reporting instruction. 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 21, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0183 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-2018-0183. 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 37, 40, 70, 71, 72, 
73, 76, and 95 of title 10 of the Code of Federal Regulations (10 CFR) 
to make miscellaneous corrections. These changes include removing an 
office from a list of office recipients, removing an office reference, 
correcting an office designation and a phone number, removing and 
correcting division titles, and removing a followup reporting 
instruction. 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 37

    Remove Office Reference. In Sec.  37.7(a), this final rule removes 
the Director, Division of Security Policy, Office of Nuclear Security 
and Incident Response, from the list of recipients.

10 CFR Parts 37 and 40

    Remove Reporting Instruction. In Sec. Sec.  37.81(g) and 
40.64(c)(2) and (3), this final rule removes the erroneous instructions 
for where to submit a copy of a followup notification. These paragraphs 
already point to the sections that provide the appropriate mailing 
address and addressee(s).

10 CFR Parts 37, 40, 70, 71, 72, and 73

    Remove Division Title. In Sec. Sec.  37.77, 40.23(b)(1), 40.66(a) 
and (b)(5), 40.67(a), 70.5, 70.20, 71.97, 73.4, 73.37, 73.71, 73.72, 
73.73, and 73.74, this final rule removes the Division of Security 
Policy to ensure that correspondence goes directly to the Director, 
Office of Nuclear Security and Incident Response rather than to a 
division director.

10 CFR Parts 40, 73, and 76

    Correct Division Title. In Sec. Sec.  40.23(c), 40.66(c), and 
40.67(c) and (d), 73.26, 73.27, 73.67, and 76.5a, this final rule 
corrects the title of the Division of Security Policy to read as 
Division of Physical and Cyber Security Policy.

10 CFR Part 40

    Correct Designation. In Sec.  40.23(b)(2)(ix), this final rule 
replaces the Division of Security Policy with the higher level 
designation of the Office of Nuclear Security and Incident Response.
    Correct Telephone Number. In Sec.  40.23(d), this final rule 
removes the incorrect telephone number ``(301) 415-6828'' and replaces 
it with the correct telephone number ``(301) 287-3598'' for the 
Director of the Division of Physical and Cyber Security Policy.

10 CFR Part 70

    Correct Office Designation. In Sec.  70.32(c)(2), (e), and (i), 
this final rule replaces the Office of Nuclear Security and Incident 
Response with the Office of Nuclear Material Safety and Safeguards.

10 CFR Part 72

    Remove Division Title. In Sec.  72.186(b), this final rule removes 
the Division of Spent Fuel Management so that notifications go to the 
Director, Office of Nuclear Material Safety and Safeguards rather than 
to division level management.

10 CFR Part 95

    Remove Division Title. In Sec.  95.9(a), this final rule removes 
the Division of Security Operations so that notification go to Office 
level management rather than division level management.

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

[[Page 58722]]

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 management, organization, procedure, and 
practice. These changes include removing an office from a list of 
office recipients, removing an office reference, correcting an office 
designation and a phone number, removing and correcting division 
titles, and removing a followup reporting instruction. 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 21, 
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, including removing an office from a list of 
office recipients, removing an office reference, correcting an office 
designation and a phone number, removing and correcting division 
titles, and removing a followup reporting instruction. 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.

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 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 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 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 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 72

    Administrative practice and procedure, Hazardous waste, Indians, 
Intergovernmental relations, Nuclear energy, Penalties, Radiation 
protection, Reporting and recordkeeping requirements, Security 
measures, Spent fuel, 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 76

    Certification, Criminal penalties, Nuclear energy, Penalties, 
Radiation protection, Reporting and recordkeeping requirements, 
Security measures, Special nuclear material, Uranium, Uranium 
enrichment by gaseous diffusion.

10 CFR Part 95

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

    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 37, 40, 70, 71, 72, 73, 76, 
and 95:

PART 37--PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 
QUANTITIES OF RADIOACTIVE MATERIAL

0
1. 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
2. Revise Sec.  37.7(a) to read as follows:


Sec.  37.7  Communications.

* * * * *
    (a) By mail addressed to: ATTN: Document Control Desk; Director, 
Office of Nuclear Reactor Regulation; Director, Office of New Reactors; 
or Director, Office of Nuclear Material Safety and Safeguards, as 
appropriate, U.S. Nuclear

[[Page 58723]]

Regulatory Commission, Washington, DC 20555-0001;
* * * * *


Sec.  37.77  [Amended]

0
3. In Sec.  37.77, wherever it appears, remove the title ``Division of 
Security Policy,'' and in paragraph (c)(1), remove the phrase ``of 
Nuclear Security''.


Sec.  37.81  [Amended]

0
4. In Sec.  37.81(g) introductory text, remove the third sentence.

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.  40.23  [Amended]

0
6. Amend Sec.  40.23 as follows:
0
a. In paragraph (b)(1), remove the title ``Division of Security 
Policy,'';
0
b. In paragraph (b)(2)(ix), remove the title ``Division of Security 
Policy'' and add in its place the title ``Office of Nuclear Security 
and Incident Response''.
0
c. In paragraph (c), remove the title ``Division of Security Policy'' 
and add in its place the title ``Division of Physical and Cyber 
Security Policy''.
0
d. In paragraph (d), remove the title ``Division of Security Policy'' 
and add in its place the title ``Division of Physical and Cyber 
Security Policy''; and remove the telephone number ``(301) 415-6828'' 
and add in its place the telephone number ``301-287-3598''.


Sec.  40.64  [Amended]

0
7. In Sec.  40.64(c)(2) and (3), remove the last sentence in each 
paragraph.


Sec.  40.66  [Amended]

0
8. Amend Sec.  40.66 as follows:
0
a. In paragraph (a), remove the title ``Division of Security Policy,'';
0
b. In paragraph (b)(5), remove the title ``Division of Security 
Policy,'' and add in its place the title ``Director,''; and
0
c. In paragraph (c), remove the title ``Division of Security Policy,'' 
and add in its place the title ``Director,''.


Sec.  40.67  [Amended]

0
9. Amend Sec.  40.67 as follows:
0
a. In paragraph (a), remove the title ``Division of Security Policy,''; 
and
0
b. In paragraphs (c) and (d), remove the title ``Division of Security 
Policy'' and add in its place the phrase ``Director, Office of Nuclear 
Security and Incident Response''.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
10. 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.  Sec.  70.5 and 70.20b  [Amended]

0
11. In Sec. Sec.  70.5 and 70.20b, wherever it appears, remove the 
title ``Division of Security Policy,''.


Sec.  70.32  [Amended]

0
12. In Sec.  70.32, wherever it appears, remove the title ``Division of 
Security Policy, Office of Nuclear Security and Incident Response'' and 
add in its place the title ``Office of Nuclear Material Safety and 
Safeguards''.

PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

0
13. 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. Section 71.97 also issued under Sec. 301, 
Public Law 96-295, 94 Stat. 789 (42 U.S.C. 5841 note).


Sec.  71.97  [Amended]

0
14. In Sec.  71.97, wherever it appears, remove the title ``Division of 
Security Policy,''.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
15. The authority citation for part 72 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.


Sec.  72.186  [Amended]

0
16. In Sec.  72.186(b), remove the title ``Division of Spent Fuel 
Management,''.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
17. 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.  Sec.  73.4, 73.37, 73.71, 73.72, 73.73 and 73.74  [Amended]

0
18. In Sec. Sec.  73.4, 73.37, 73.71, 73.72, 73.73, and 73.74, wherever 
it appears, remove the title ``Division of Security Policy,''.


Sec.  Sec.  73.26, 73.27, and 73.67  [Amended]

0
19. In Sec. Sec.  73.26, 73.27, and 73.67, wherever it appears, remove 
the title ``Division of Security Policy'' and add in its place the 
title ``Division of Physical and Cyber Security Policy''.

PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS

0
20. The authority citation for part 76 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 122, 161, 193(f), 
223, 234, 1701 (42 U.S.C. 2152, 2201, 2243(f), 2273, 2282, 2297f); 
Energy Reorganization Act of 1974, secs. 201, 206, 211 (42 U.S.C. 
5841, 5846, 5851); 44 U.S.C. 3504 note.


Sec.  76.5  [Amended]

0
21. In Sec.  76.5(a), remove the title ``Division of Security 
Policy,''.

[[Page 58724]]

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

0
22. The authority citation for part 95 continues to read as follows:

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


Sec.  95.9  [Amended]

0
23. In Sec.  95.9(a), remove the title ``Division of Security 
Operations,''.

    Dated at Rockville, Maryland, this 16th 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. 2018-25378 Filed 11-20-18; 8:45 am]
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