[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65639-65646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25847]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100,
140, and 150
[NRC-2019-0170]
RIN 3150-AK37
Organizational Changes and Conforming Amendments
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to reflect internal organizational changes and make
conforming amendments. These changes include removing all references to
the Office of New Reactors because that office has merged with the
Office of Nuclear Reactor Regulation, changing the names of divisions
that are affected by the reorganization of the Office of Nuclear
Material Safety and Safeguards, and making conforming amendments
throughout the regulations to reflect the office merger and the office
reorganization. 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 30, 2020.
ADDRESSES: Please refer to Docket ID NRC-2019-0170 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 https://www.regulations.gov and search for Docket ID NRC-2019-0170. 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.
[[Page 65640]]
FOR FURTHER INFORMATION CONTACT: Jill Shepherd, 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, 37, 40, 50, 51,
52, 55, 71, 72, 73, 74, 100, 140, and 150 of title 10 of the Code of
Federal Regulations (10 CFR) to reflect internal organizational changes
and conforming amendments. These changes include removing all
references to the Office of New Reactors because that office has merged
with the Office of Nuclear Reactor Regulation, changing the names of
divisions that are affected by the reorganization of the Office of
Nuclear Material Safety and Safeguards, and making conforming
amendments throughout the regulations to reflect the office merger and
the office reorganization. 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 1
Remove Section. Section 1.44 is removed in its entirety because the
Office of New Reactors has merged with the Office of Nuclear Reactor
Regulation.
10 CFR Parts 1, 2, 37, 50, 51, 52, 55, 73, 100, and 140
Remove Office Name. In Sec. Sec. 1.32(b), 2.101, 2.102, 2.103,
2.105(e)(1), 2.106(a), 2.107(c), 2.108, 2.110, 2.318(b), 2.337(g),
2.340, 2.403, 2.603, 2.621, 2.629(a), 2.811(c), 37.7(a), 50.30(a),
50.55a(z), 50.61, 50.70(b), and 50.75(h), appendices G, H, and J to 10
CFR part 50, Sec. Sec. 51.4, 51.40(c)(1), 51.58, 51.105(a)(5),
51.105a, 51.107(a)(5), 51.121(a), 52.15(a), 52.35, 52.75(a), 55.5,
73.4(a), 100.4, 140.5, and 140.6(a), this final rule removes all
references to the Office of New Reactors and its director, because that
office has merged with the Office of Nuclear Reactor Regulation.
10 CFR Part 2
Correct Title Name and Division. In Sec. 2.4, this final rule
updates the definition of ``Commission adjudicatory employee'' by
replacing the title Associate General Counsel for Licensing and
Regulation to read as the Deputy General Counsel for Rulemaking and
Policy Support. This title and division were renamed to reflect the
reorganization of the Office of Nuclear Material Safety and Safeguards
and the merger of the Office of New Reactors with the Office of Nuclear
Reactor Regulation.
Remove Word and Phrases That Are No Longer Applicable. In
Sec. Sec. 2.101 and 2.340, this final rule removes the word
``appropriate'' and various iterations of the phrase ``or as
appropriate'' when referring to the Director, because the reference is
now to only one Director.
Correct Division Name. In Sec. 2.802(b), this final rule corrects
the title Division of Rulemaking to read as the Division of Rulemaking,
Environmental, and Financial Support. The division was renamed during
the reorganization of the Office of Nuclear Material Safety and
Safeguards.
Correct Division Name. In Sec. 2.811(e), this final rule corrects
the title Division of New Reactor Licensing to read as the Division of
New and Renewed Licenses. The division was renamed when the Office of
New Reactors merged with the Office of Nuclear Reactor Regulation.
10 CFR Parts 2, 50, 51, and 52
Remove Office Name. In Sec. Sec. 2.643(a), 50.10(e)(1), 51.107(d),
52.1(a), 52.91(a), and 52.155(a), this final rule removes all
references to the Director of New Reactors (an erroneous version of the
Director of the Office of New Reactors) because that office has now
merged with the Office of Nuclear Reactor Regulation.
10 CFR Parts 2 and 51
Correct Branch, Division, and Office Names. In Sec. Sec. 2.811(e)
and 51.121(d), this final rule corrects the titles Rules,
Announcements, and Directives Branch and Rules, Announcements, and
Directives Branch, Office of Administration, to read as the Regulatory
Analysis and Rulemaking Support Branch, Division of Rulemaking,
Environmental, and Financial Support, Office of Nuclear Material Safety
and Safeguards. The division was renamed during the reorganization of
the Office of Nuclear Material Safety and Safeguards, the branch was
relocated, and the branch name was not corrected following an earlier
reorganization.
10 CFR Parts 40, 72, 73, 74, and 150
Correct Division Name. In Sec. Sec. 40.64(a) and (b)(2), 72.76(a),
72.78(a), 73.46(i)(1), 74.13(a), 74.15(a), 150.16(a)(1), and 150.17(a),
this final rule corrects the titles Division of Fuel Cycle Safety,
Safeguards, and Environmental Review and Division of Fuel Cycle Safety
Safeguards, and Environmental Review to read as the Division of Fuel
Management. These two divisions were merged during the reorganization
of the Office of Nuclear Material Safety and Safeguards.
10 CFR Part 51
Correct Branch, Division, and Office Names. In Sec. 51.40(c)(4),
this final rule updates contact information and corrects the title
Rules and Directives Branch, Office of Administration, to read as the
Regulatory Analysis and Rulemaking Support Branch, Division of
Rulemaking, Environmental, and Financial Support, Office of Nuclear
Material Safety and Safeguards. The division was renamed during the
reorganization of the Office of Nuclear Material Safety and Safeguards,
the branch was relocated, and the branch name was not corrected
following an earlier reorganization.
10 CFR Part 55
Correct Division Name. In Sec. 55.5(b)(3), this final rule
corrects the title Division of Policy and Rulemaking to read as the
Division of Advanced Reactors and Non-Power Production and Utilization
Facilities. The division was renamed when the Office of New Reactors
merged with the Office of Nuclear Reactor Regulation.
10 CFR Part 71
Correct Division Name. In Sec. 71.17(c)(3), this final rule
corrects the title Division of Spent Fuel Storage and Transportation to
read as the Division of Fuel Management. The division was renamed
during the reorganization of the Office of Nuclear Material Safety and
Safeguards.
10 CFR Parts 71 and 72
Correct Division Name. In Sec. Sec. 71.1(a), 71.95(c),
71.101(c)(1), 72.4, 72.16(a), and 72.44(f), this final rule corrects
the title Division of Spent Fuel Management to read as the Division of
Fuel Management. The division was renamed during the reorganization of
the Office of Nuclear Material Safety and Safeguards.
10 CFR Part 150
Correct Division Name. In Sec. Sec. 150.16(a)(2) and 150.17(b)(2),
this final rule corrects the title Division of Fuel Cycle Safety and
Safeguards to read as the Division of Fuel Management. The division was
renamed during the reorganization of the Office of Nuclear Material
Safety and Safeguards.
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
[[Page 65641]]
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 are 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 all references to the Office of New Reactors because
that office has merged with the Office of Nuclear Reactor Regulation,
changing the names of divisions that are affected by the reorganization
of the Office of Nuclear Material Safety and Safeguards, and making
conforming amendments throughout the regulations to reflect the office
merger and the office reorganization. The NRC is exercising its
authority under 5 U.S.C. 553(b) to publish these amendments as a final
rule. The amendments are effective on December 30, 2019. 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 Office of
Management and Budget 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 organizational changes and
conforming amendments 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 changes and amendments are non-substantive in
nature, including removing all references to the Office of New Reactors
because that office has merged with the Office of Nuclear Reactor
Regulation, changing the names of divisions that are affected by the
reorganization of the Office of Nuclear Material Safety and Safeguards,
and making conforming amendments throughout the regulations to reflect
the office merger and the office reorganization. The organizational
changes and conforming amendments impose no new requirements and make
no substantive changes to the regulations. The organizational changes
and conforming amendments 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 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).
IX. Agreement State Compatibility
Under the ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register on October 18, 2017 (82 FR 48535), NRC program elements
(including regulations) are placed into Compatibility Categories A, B,
C, D, NRC, or Adequacy Category Health and Safety (H&S). Compatibility
Category A program elements are those program elements that are basic
radiation protection standards and scientific terms and definitions
that are necessary to understand radiation protection concepts. An
Agreement State should adopt Category A program elements in an
essentially identical manner in order to provide uniformity in the
regulation of agreement material on a nationwide basis. Compatibility
Category B program elements are those program elements that apply to
activities that have direct and significant effects in multiple
jurisdictions. An Agreement State should adopt Category B program
elements in an essentially identical manner. Compatibility Category C
program elements are those program elements that do not meet the
criteria of Category A or B but contain the essential objectives that
an Agreement State should adopt to avoid conflict, duplication, gaps,
or other conditions that would jeopardize an orderly pattern in the
regulation of agreement material on a national basis. An Agreement
State should adopt the essential objectives of the Category C program
elements. Compatibility Category D program elements are those program
elements that do not meet any of the criteria of Category A, B, or C
and, therefore, do not need to be adopted by Agreement States for
purposes of compatibility. Compatibility Category NRC program elements
are those program elements that address areas of regulation that cannot
be relinquished to the Agreement States under the Atomic Energy Act of
1954, as amended, or provisions of title 10 of the Code of Federal
Regulations. These program elements should not be adopted by the
Agreement States. Adequacy Category H&S program elements are program
elements that are required because of a particular health and safety
role in the regulation of agreement material within the State and
should be adopted in a manner that embodies the essential objectives of
the NRC program.
The final rule is a matter of compatibility between the NRC and the
Agreement States, thereby providing consistency among Agreement State
and NRC requirements. The compatibility categories are designated in
the following table.
[[Page 65642]]
Compatibility Table
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Compatibility
Section Change Subject -------------------------------------
Existing New
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Part 37
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Sec. 37.7(a)................. Amend............ Communications........ D................ D.
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Part 40
----------------------------------------------------------------------------------------------------------------
Sec. 40.64................... Amend............ Reports............... NRC.............. NRC.
----------------------------------------------------------------------------------------------------------------
Part 71
----------------------------------------------------------------------------------------------------------------
Sec. 71.1.................... Amend............ Communications and D................ D.
records.
Sec. 71.17(c)(3)............. Amend............ General license: NRC- B................ B.
approved package.
Sec. 71.95................... Amend............ Reports............... D................ D.
Sec. 71.101(c)(1)............ Amend............ Quality assurance C................ C.
requirements.
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Part 150
----------------------------------------------------------------------------------------------------------------
Sec. 150.16(a)(2)............ Amend............ Submission to NRC.............. NRC.
Commission of nuclear
material transaction
reports.
Sec. 150.17(b)(2)............ Amend............ Submission to NRC.............. NRC.
Commission of nuclear
material status
reports.
----------------------------------------------------------------------------------------------------------------
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 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 50
Administrative practice and procedure, Antitrust, Backfitting,
Classified information, Criminal penalties, Education, Emergency
planning, 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 51
Administrative practice and procedure, Environmental impact
statements, Hazardous waste, Nuclear energy, Nuclear power plants and
reactors, Reporting and recordkeeping requirements.
10 CFR Part 52
Administrative practice and procedure, Antitrust, Combined license,
Early site permit, Emergency planning, Fees, Incorporation by
reference, Inspection, Issue finality, Limited work authorization,
Nuclear power plants and reactors, Probabilistic risk assessment,
Prototype, Reactor siting criteria, Redress of site, Penalties,
Reporting and recordkeeping requirements, Standard design, Standard
design certification.
10 CFR Part 55
Criminal penalties, Manpower training programs, Nuclear power
plants and reactors, Penalties, Reporting and recordkeeping
requirements.
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 74
Accounting, Criminal penalties, Hazardous materials transportation,
Material control and accounting, Nuclear energy, Nuclear materials,
Packaging and containers, Penalties, Radiation protection, Reporting
and recordkeeping requirements, Scientific equipment, Special nuclear
material.
10 CFR Part 100
Nuclear power plants and reactors, Radiation protection, Reactor
siting criteria, Reporting and recordkeeping requirements.
10 CFR Part 140
Criminal penalties, Extraordinary nuclear occurrence, Insurance,
Intergovernmental relations, Nuclear materials, Nuclear power plants
and reactors, Penalties, Reporting and recordkeeping requirements.
[[Page 65643]]
10 CFR Part 150
Criminal penalties, Hazardous materials transportation,
Intergovernmental relations, Nuclear energy, Nuclear materials,
Penalties, Reporting and recordkeeping requirements, Security measures,
Source material, Special nuclear material.
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 chapter I:
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).
Sec. 1.32 [Amended]
0
2. In Sec. 1.32(b), remove ``the Office of New Reactors,''.
Sec. 1.44 [Removed and Reserved]
0
3. Remove and reserve Sec. 1.44.
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.
Section 2.205(j) also issued under Sec. 31001(s), Pub. L. 104-
134, 110 Stat. 1321-373 (28 U.S.C. 2461 note).
Sec. 2.4 [Amended]
0
5. In Sec. 2.4, in the definition for Commission adjudicatory
employee, paragraph (6), remove ``the Associate General Counsel for
Licensing and Regulation'' and add in its place ``the Deputy General
Counsel for Rulemaking and Policy Support''.
Sec. 2.101 [Amended]
0
6. In Sec. 2.101:
0
a. In paragraph (a)(1), remove ``the Director, Office of New
Reactors,'';
0
b. In paragraph (a)(3) introductory text, remove ``Director, Office of
New Reactors,'';
0
c. In paragraph (a)(3)(i), remove ``Director, Office of New
Reactors,'';
0
d. In paragraph (a)(3)(ii), remove ``the Director, Office of New
Reactors or Director, Office of Nuclear Reactor Regulation, as
appropriate,'' and add in its place the title ``the Director, Office of
Nuclear Reactor Regulation,'';
0
e. In paragraph (a)(3)(iii), wherever it appears, remove ``Director,
Office of New Reactors,'';
0
f. In paragraph (a)(3)(iii), remove the phrase ``or, as appropriate,''
and add in its place the phrase ``as appropriate,'';
0
g. In paragraphs (a)(4) and (5), wherever it appears, remove
``Director, Office of New Reactors,'';
0
h. In paragraph (b), remove ``Director, Office of Nuclear Material
Safety and Safeguards or as appropriate,'' and add in its place
``Director, Office of Nuclear Material Safety and Safeguards,'';
0
i. In paragraph (d), remove ``Director, Office of New Reactors,''; and
0
j. In paragraphs (e)(3), (e)(6) through (8), and (f), wherever it
appears, remove the phrase ``as appropriate''.
Sec. Sec. 2.102, 2.103, 2.105, 2.106, 2.107, 2.108, 2.318, and
2.337 [Amended]
0
6. In Sec. Sec. 2.102, 2.103, 2.105, 2.106, 2.107, 2.108, 2.318, and
2.337, wherever it appears, remove ``Director, Office of New
Reactors,''.
Sec. 2.110 [Amended]
0
8. In Sec. 2.110:
0
a. In paragraph (b), remove ``the Director, Office of New Reactors, or
Director, Office of Nuclear Reactor Regulation, as appropriate'' and
add in its place ``the Director, Office of Nuclear Reactor
Regulation,'' and
0
b. In paragraph (c)(1), remove ``the Director, Office of New Reactors
or Director, Office of Nuclear Reactor Regulation, as appropriate'' and
add in its place the title ``the Director, Office of Nuclear Reactor
Regulation,''.
Sec. 2.340 [Amended]
0
9. In Sec. 2.340:
0
a. Wherever it appears, remove ``the Commission, the Director, Office
of Nuclear Reactor Regulation, or the Director, Office of New Reactors,
as appropriate'' and add in its place the titles ``the Commission or
the Director, Office of Nuclear Reactor Regulation, as appropriate'';
0
b. In paragraph (e)(1), second sentence, remove ``, or as
appropriate'';
0
c. In paragraph (e)(1), third sentence, remove ``or as appropriate'';
0
d. In paragraph (e)(2)(i), remove ``the Commissionor the Director,
Office of Nuclear Material Safety and Safeguards, or as appropriate,''
and add in its place ``the Commission or the Director, Office of
Nuclear Material Safety and Safeguards, as appropriate,'';
0
e. In paragraph (e)(2)(ii), wherever it appears, remove ``the
Commission, the Director, Office of Nuclear Material Safety and
Safeguards, or as appropriate,'' and add in its place ``the Commission
or the Director, Office of Nuclear Material Safety and Safeguards, as
appropriate,'';
0
f. In the paragraph (i) introductory text, remove ``The Commission, the
Director, Office of New Reactors, or the Director, Office of Nuclear
Reactor Regulation, as appropriate,'' and add in its place ``The
Commission or the Director, Office of Nuclear Reactor Regulation, as
appropriate,'';
0
g. In paragraphs (i)(1) and (k)(1), remove ``appropriate Director'' and
add in its place ``Director'';
0
h. In paragraph (j) introductory text, remove ``The Commission, the
Director of the Office of New Reactors, or the Director of the Office
of Nuclear Reactor Regulation, as appropriate,'' and add in its place
``The Commission or the Director, Office of Nuclear Reactor Regulation,
as appropriate,'';
0
i. In paragraphs (j)(1) through (3), remove ``appropriate director''
and add in its place ``Director''; and
0
j. In paragraph (k) introductory text, remove ``The Commissionor the
Director, Office of Nuclear Material Safety and Safeguards, or as
appropriate,'' and add in itsplace ``The Commission or the Director,
Office of Nuclear Material Safety and Safeguards, as appropriate,''.
Sec. 2.403 [Amended]
0
10. In Sec. 2.403, remove ``the Commission, the Director, Office of
New Reactors or Director, Office of Nuclear Reactor Regulation, as
appropriate'' and add in its place ``the Commission or the Director,
Office of Nuclear Reactor Regulation, as appropriate,''.
Sec. Sec. 2.603 and 2.621 [Amended]
0
11. In Sec. Sec. 2.603 and 2.621:
0
a. Wherever it appears, remove ``the Director of the Office of New
Reactors or the Director of the Office of Nuclear Reactor Regulation,
as appropriate,'' and add in its place ``the Director of the Office of
Nuclear Reactor Regulation''; and
0
b. Wherever it appears, remove ``The Director of the Office of New
Reactors
[[Page 65644]]
or the Director of the Office of Nuclear Reactor Regulation, as
appropriate,'' and add in its place ``The Director of the Office of
Nuclear Reactor Regulation''.
Sec. 2.629 [Amended]
0
12. In Sec. 2.629(a), remove ``the Director of the Office of New
Reactors or the Director of the Office of Nuclear Reactor Regulation,
as appropriate,'' and add in its place ``the Director of the Office of
Nuclear Reactor Regulation''.
Sec. 2.643 [Amended]
0
13. In Sec. 2.643(a), remove ``the Director of New Reactors or the
Director of Nuclear Reactor Regulation'' and add in its place ``the
Director of the Office of Nuclear Reactor Regulation''.
Sec. 2.802 [Amended]
0
14. In Sec. 2.802(b) introductory text, remove ``Division of
Rulemaking'' and add in its place ``Division of Rulemaking,
Environmental, and Financial Support''.
0
15. In Sec. 2.811:
0
a. In paragraph (c), remove ``the Director, Office of New Reactors,'';
0
b. In paragraph (e), first sentence, remove ``Division of New Reactor
Licensing'' and add in its place ``Division of New and Renewed
Licenses'',
0
c. Revise the second sentence in paragraph (e).
The revision reads as follows:
Sec. 2.811 Filing of standard design certification application;
required copies.
* * * * *
(e) * * * A prospective applicant also may telephone the Regulatory
Analysis and Rulemaking Support Branch, Division of Rulemaking,
Environmental, and Financial Support, Office of Nuclear Material Safety
and Safeguards, toll free on 1-800-368-5642 on these subject matters. *
* *
PART 37--PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2
QUANTITIES OF RADIOACTIVE MATERIAL
0
16. 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.
Sec. 37.7 [Amended]
0
17. In Sec. 37.7(a), remove ``; Director, Office of New Reactors;''.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
18. 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. 40.64 [Amended]
0
19. In Sec. 40.64(a) and (b)(2), remove ``Division of Fuel Cycle
Safety, Safeguards, and Environmental Review'' and add in its place
``Division of Fuel Management''.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
20. 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. 50.10 [Amended]
0
21. In Sec. 50.10(e)(1) introductory text, remove ``Director of New
Reactors or the Director of Nuclear Reactor Regulation'' and add in its
place ``Director of the Office of Nuclear Reactor Regulation''.
Sec. 50.30 [Amended]
0
22. In Sec. 50.30:
0
a. In paragraph (a)(2), remove ``Director, Office of New Reactors,'';
and
0
b. In paragraph (a)(6), remove ``the Director, Office of New Reactors,
or''.
Sec. 50.55a [Amended]
23. In Sec. 50.55a(z) introductory text, remove ``, or Director,
Office of New Reactors, as appropriate''.
Sec. 50.61 [Amended]
0
24. In Sec. 50.61, wherever it appears, remove ``or Director, Office
of New Reactors, as appropriate''.
Sec. 50.70 [Amended]
0
25. In Sec. 50.70:
0
a. In paragraph (b)(1), remove ``or Director, Office of New Reactors,
as appropriate''; and
0
b. In paragraph (b)(2), remove ``the Director, Office of New Reactors,
or''.
Sec. 50.75 [Amended]
0
26. In Sec. 50.75, wherever it appears, remove ``Director, Office of
New Reactors,''.
Appendices G, H, and J to Part 50 [Amended]
0
27. In appendices G, H, and J to part 50:
0
a. Wherever it appears, remove ``or the Director, Office of New
Reactors, as appropriate''; and
0
b. Wherever it appears, remove ``or Director, Office of New Reactors,
as appropriate''.
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC
LICENSING AND RELATED REGULATORY FUNCTIONS
0
28. The authority citation for part 51 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 193 (42 U.S.C.
2201, 2243); Energy Reorganization Act of 1974, secs. 201, 202 (42
U.S.C. 5841, 5842); National Environmental Policy Act of 1969 (42
U.S.C. 4332, 4334, 4335); Nuclear Waste Policy Act of 1982, secs.
144(f), 121, 135, 141, 148 (42 U.S.C. 10134(f), 10141, 10155, 10161,
10168); 44 U.S.C. 3504 note.
Sections 51.20, 51.30, 51.60, 51.80, and 51.97 also issued under
Nuclear Waste Policy Act secs. 135, 141, 148 (42 U.S.C. 10155,
10161, 10168).
Section 51.22 also issued under Atomic Energy Act sec. 274 (42
U.S.C. 2021) and under Nuclear Waste Policy Act sec. 121 (42 U.S.C.
10141).
Sections 51.43, 51.67, and 51.109 also issued under Nuclear
Waste Policy Act sec. 114(f) (42 U.S.C. 10134(f)).
Sec. 51.4 [Amended]
0
29. In Sec. 51.4, in the definition for NRC Staff Director, remove
``Director, Office of New Reactors;''.
0
30. In Sec. 51.40:
0
a. In paragraph (c)(1), remove ``or Director, Office of New Reactors,
as appropriate''; and
0
b. Revise paragraph (c)(4).
The revision reads as follows:
Sec. 51.40 Consultation with NRC staff.
* * * * *
(c) * * *
(4) Rulemaking: ATTN: Chief, Regulatory Analysis and Rulemaking
Support Branch, Division of Rulemaking, Environmental, and Financial
Support, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission,
[[Page 65645]]
Washington, DC 20555-0001, telephone (800) 368-5642.
* * * * *
Sec. 51.58 [Amended]
0
31. In Sec. 51.58:
0
a. In paragraph (a), first sentence, remove ``, the Director of the
Office of New Reactors,'' and add in its place the word ``or'';
0
b. In paragraph (a), last sentence, remove ``the Director of the Office
of New Reactors, the Director of the Office of Nuclear Reactor
Regulation,'' and add in its place the title ``the Director of the
Office of Nuclear Reactor Regulation''; and
0
c. In paragraph (b), remove ``the Director of the Office of New
Reactors or''.
Sec. Sec. 51.105 and 51.105a [Amended]
0
32. In Sec. Sec. 51.105 and 51.105a, wherever it appears, remove
``Director, Office of New Reactors or Director, Office of Nuclear
Reactor Regulation, as appropriate'' and add in its place ``Director,
Office of Nuclear Reactor Regulation''.
Sec. 51.107 [Amended]
0
33. In Sec. 51.107:
0
a. Wherever it appears, remove ``Director of New Reactors or the
Director of Nuclear Reactor Regulation, as applicable'' and add in its
place the title ``Director, Office of Nuclear Reactor Regulation''; and
b. In paragraph (a)(5), remove ``Director, Office of New Reactors
or Director, Office of Nuclear Reactor Regulation, as appropriate'' and
add in its place ``Director, Office of Nuclear Reactor Regulation''.
0
34. In Sec. 51.121:
0
a. In paragraph (a), remove ``Director, Office of Nuclear Reactor
Regulation or Director, Office of New Reactors, as appropriate,'' and
add in its place ``Director, Office of Nuclear Reactor Regulation,'';
and
0
b. Revise paragraph (d).
The revision reads as follows:
Sec. 51.121 Status of NEPA actions.
* * * * *
(d) Rulemaking: ATTN: Chief, Regulatory Analysis and Rulemaking
Support Branch, Division of Rulemaking, Environmental, and Financial
Support, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone (800) 368-
5642.
* * * * *
PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER
PLANTS
0
35. The authority citation for part 52 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 103, 104, 147, 149,
161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134,
2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282);
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. 52.1 [Amended]
0
36. In Sec. 52.1(a), in the definition for Limited work authorization,
remove ``Director of New Reactors or the''.
Sec. 52.15 [Amended]
0
37. In Sec. 52.15(a), remove ``the Director, Office of New Reactors,
or the Director, Office of Nuclear Reactor Regulation, as appropriate''
and add in its place ``the Director, Office of Nuclear Reactor
Regulation''.
Sec. 52.35 [Amended]
0
38. In Sec. 52.35, remove ``Director, Office of New Reactors or
Director, Office of Nuclear Reactor Regulation, as appropriate,'' and
add in its place ``Director, Office of Nuclear Reactor Regulation,''.
Sec. 52.75 [Amended]
0
39. In Sec. 52.75(a), remove ``Director, Office of New Reactors or
Director, Office of Nuclear Reactor Regulation, as appropriate'' and
add in its place ``Director, Office of Nuclear Reactor Regulation''.
Sec. 52.91 [Amended]
0
40. In Sec. 52.91(a), remove ``the Director of New Reactors or the
Director of Nuclear Reactor Regulation'' and add in its place ``the
Director of the Office of Nuclear Reactor Regulation''.
Sec. 52.155 [Amended]
0
41. In Sec. 52.155(a), remove ``Director of New Reactors or the
Director of Nuclear Reactor Regulation, as appropriate'' and add in its
place the title ``Director, Office of Nuclear Reactor Regulation''.
PART 55--OPERATORS' LICENSES
0
42. The authority citation for part 55 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 107, 161, 181, 182,
183, 186, 187, 223, 234 (42 U.S.C. 2137, 2201, 2231, 2232, 2233,
2236, 2237, 2273, 2282); Energy Reorganization Act of 1974, secs.
201, 202 (42 U.S.C. 5841, 5842); Nuclear Waste Policy Act of 1982,
sec. 306 (42 U.S.C. 10226); 44 U.S.C. 3504 note.
Section 55.61 also issued under Atomic Energy Act secs. 186, 187
(42 U.S.C. 2236, 2237).
Sec. 55.5 [Amended]
0
43. In Sec. 55.5:
0
a. In paragraphs (a)(1) and (b)(1), remove ``or Director, Office of New
Reactors, as appropriate'';
0
b. In paragraph (b)(2), remove ``Director, Office of New Reactors or
Director, Office of Nuclear Reactor Regulation, as appropriate,'' and
add in its place ``Director, Office of Nuclear Reactor Regulation,'';
and
0
c. In paragraph (b)(3), remove ``Division of Policy and Rulemaking''
and add in its place ``Division of Advanced Reactors and Non-Power
Production and Utilization Facilities''.
PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
0
44. 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, Pub. L. 96-295, 94
Stat. 789 (42 U.S.C. 5841 note).
Sec. Sec. 71.1, 71.95, and 71.101 [Amended]
0
45. In Sec. Sec. 71.1, 71.95, and 71.101, wherever it appears, remove
``Division of Spent Fuel Management'' and add in its place ``Division
of Fuel Management''.
Sec. 71.17 [Amended]
0
46. In Sec. 71.17(c)(3), remove ``Division of Spent Fuel Storage and
Transportation'' and add in its place ``Division of Fuel Management''.
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
47. 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
[[Page 65646]]
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. Sec. 72.4, 72.16, and 72.44 [Amended]
0
48. In Sec. Sec. 72.4, 72.16, and 72.44, wherever it appears, remove
``Division of Spent Fuel Management'' and add in its place ``Division
of Fuel Management''.
Sec. 72.76 [Amended]
0
49. In Sec. 72.76(a), remove ``Division of Fuel Cycle Safety
Safeguards, and Environmental Review'' and add in its place ``Division
of Fuel Management''.
Sec. 72.78 [Amended]
0
50. In Sec. 72.78(a), remove ``Division of Fuel Cycle Safety,
Safeguards, and Environmental Review'' and add in its place ``Division
of Fuel Management''.
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
0
51. 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 73.1 also issued under Nuclear Waste Policy Act secs.
135, 141 (42 U.S.C. 10155, 10161).
Section 73.37(b)(2) also issued under Sec. 301, Public Law 96-
295, 94 Stat. 789 (42 U.S.C. 5841 note).
Section 73.37(f) also issued under Sec. 301, Pub. L. 96-295, 94
Stat. 789 (42 U.S.C. 5841 note).
Sec. 73.4 [Amended]
0
52. In Sec. 73.4(a), remove ``Director, Office of New Reactors,''.
Sec. 73.46 [Amended]
0
53. In Sec. 73.46(i)(1), remove ``Division of Fuel Cycle Safety,
Safeguards, and Environmental Review'' and add in its place ``Division
of Fuel Management''.
PART 74--MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR
MATERIAL
0
54. The authority citation for part 74 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 57, 161, 182,
223, 234, 1701 (42 U.S.C. 2073, 2077, 2201, 2232, 2273, 2282,
2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C.
5841, 5842); 44 U.S.C. 3504 note.
Sec. Sec. 74.13 and 74.15 [Amended]
0
55. In Sec. Sec. 74.13 and 74.15, wherever it appears, remove
``Division of Fuel Cycle Safety, Safeguards, and Environmental Review''
and add in its place ``Division of Fuel Management''.
PART 100--REACTOR SITE CRITERIA
0
56. The authority citation for part 100 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 103, 104, 161, 182
(42 U.S.C. 2133, 2134, 2201, 2232); Energy Reorganization Act of
1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
Sec. 100.4 [Amended]
0
57. In Sec. 100.4, remove ``or Director, Office of New Reactors, as
appropriate''.
PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY
AGREEMENTS
0
58. 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. 140.5 [Amended]
0
59. In Sec. 140.5, remove ``Director, Office of New Reactors,''.
Sec. 140.6 [Amended]
0
60. In Sec. 140.6(a), remove ``Director, Office of New Reactors,''.
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
0
61. The authority citation for part 150 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 53, 81, 83, 84,
122, 161, 181, 223, 234, 274 (42 U.S.C. 2014, 2201, 2231, 2273,
2282, 2021); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C.
5841); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C.
10155, 10161); 44 U.S.C. 3504 note.
Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued
under Atomic Energy Act secs. 11e(2), 81, 83, 84 (42 U.S.C.
2014e(2), 2111, 2113, 2114).
Section 150.14 also issued under Atomic Energy Act sec. 53 (42
U.S.C. 2073).
Section 150.15 also issued under Nuclear Waste Policy Act sec.
135 (42 U.S.C. 10155, 10161).
Section 150.17a also issued under Atomic Energy Act sec. 122 (42
U.S.C. 2152).
Section 150.30 also issued under Atomic Energy Act sec. 234 (42
U.S.C. 2282).
Sec. Sec. 150.16 and 150.17 [Amended]
0
62. In Sec. Sec. 150.16 and 150.17:
0
a. Wherever it appears, remove ``Division of Fuel Cycle Safety,
Safeguards, and Environmental Review'' and add in its place ``Division
of Fuel Management''; and
0
b. Wherever it appears, remove ``Division of Fuel Cycle Safety and
Safeguards'' and add in its place ``Division of Fuel Management''.
Dated at Rockville, Maryland, this 22nd day of November, 2019.
For the Nuclear Regulatory Commission.
Helen Chang,
Acting Chief, Regulatory Analysis and Rulemaking Support Branch,
Division of Rulemaking, Environmental, and Financial Support, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2019-25847 Filed 11-27-19; 8:45 am]
BILLING CODE 7590-01-P