[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Rules and Regulations]
[Pages 80947-80950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24950]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / 
Rules and Regulations  

[[Page 80947]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 9, 30, 50, 51, 70, and 110

[NRC-2023-0144]
RIN 3150-AL04


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. The amendments correct 
spelling and references; update contact information; and remove 
obsolete language. This 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, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0144 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-2023-0144. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: [email protected]. For technical 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 https://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, at 301-415-4737, 
or by email to [email protected].
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Tricia Lizama, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-4110, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. Summary of Changes
III. Rulemaking Procedures
IV. Backfitting and Issue Finality
V. Plain Writing
VI. National Environmental Policy Act
VII. Paperwork Reduction Act
VIII. Congressional Review Act
IX. Compatibility of Agreement State Regulations

I. Introduction

    The NRC is amending its regulations in parts 9, 30, 50, 51, 70, and 
110 of title 10 of the Code of Federal Regulations (10 CFR). The NRC is 
making these amendments to correct spelling and references; revise 
contact information; and remove obsolete language.

II. Summary of Changes

10 CFR Part 9

    Correct Reference. This final rule removes an obsolete reference in 
Sec.  9.104(a)(4) to ``Sec.  2.790(d)'' and replaces it with the 
reference ``Sec. Sec.  2.390(b)(3)(i) and (b)(4)''.

10 CFR Part 30

    Correct Spelling. This final rule corrects the spelling of the term 
``supersede'' in footnote 1 to Sec.  30.32.

10 CFR Part 50

    Correct Reference. This final rule removes the obsolete reference 
``Section 2.790 of 10 CFR part 2'' in appendix C to part 50 and 
replaces it with ``Section 2.390 of 10 CFR part 2''.
    Correct Reference. In appendix J to 10 CFR part 50, this final rule 
revises footnote 2 by replacing it with a cross-reference to footnote 
1.

10 CFR Part 51

    Remove Obsolete Language: This final rule removes references to 
Subpart G that were inadvertently reinserted at Sec. Sec.  51.34 and 
51.102 in a final rule ``Miscellaneous Corrections'' (79 FR 66598; 
November 10, 2014).

10 CFR Part 70

    Correct Spelling. This final rule corrects the spelling of the term 
``supersede'' in the footnote to Sec.  70.22. This rule also corrects 
the spelling of the term ``combined'' in Sec.  70.24 paragraph (d)(1).
    Correct Reference. This final rule redesignates in ascending order 
the footnotes in Sec.  70.22(f) and (i)(3)(viii). This final rule also 
redesignates in numerical order the footnote in Sec.  70.23(b).

10 CFR Part 110

    Revise Contact Information. The NRC is providing an alternate 
method of contact for submitting reporting requirements through 
electronic submission by adding the email addresses 
``[email protected]'' in Sec.  110.54(b) and 
``[email protected]'' in Sec.  110.54(c).

III. Rulemaking Procedures

    Under section 553(b) of 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 management, 
organization, procedure, and practice. Specifically, the revisions 
correct spelling and references; revise contact information; and remove 
obsolete language. The Commission is exercising its authority under 5 
U.S.C. 553(b) to publish these amendments as a final rule. The 
amendments are

[[Page 80948]]

effective December 21, 2023. 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. Backfitting and Issue Finality

    The NRC has determined that the corrections in this final rule 
would not constitute backfitting as defined in Sec.  50.109, 
``Backfitting,'' and as described in NRC Management Directive (MD) 8.4, 
``Management of Backfitting, Forward Fitting, Issue Finality, and 
Information Requests.'' These corrections also would not constitute 
forward fitting as that term is defined and described in MD 8.4 or 
affect the issue finality of any approval issued under 10 CFR part 52. 
The amendments are non-substantive in nature, including correcting 
spelling and references; revising contact information; and removing 
obsolete 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 that would be inconsistent with the issue finality provisions in 
10 CFR part 52. For these reasons, the issuance of this final rule 
would not constitute backfitting or be inconsistent with 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.

V. 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 
31885).

VI. National Environmental Policy Act

    The NRC has determined that this final rule is the type of action 
described in Sec.  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.

VII. 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.

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. Compatibility of Agreement State Regulations

    Under the ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017, and published in the Federal 
Register (82 FR 48535; October 18, 2017), NRC program elements 
(including regulations) required for adequacy and having a particular 
health and safety component are those that are designated as Categories 
A, B, C, D, NRC, and H&S: and those required for compatibility include 
those regulations and other legally binding requirements designated as 
Compatibility Categories A, B, C, and D. Compatibility Category A are 
those program elements that include 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 are those program elements 
that apply to activities that have direct and significant effects in 
multiple jurisdictions. Compatibility Category B pertains to a limited 
number of program elements that cross jurisdictional boundaries and 
should be addressed to ensure uniformity of regulation on a nationwide 
basis. The Agreement State program element should be essentially 
identical to that of NRC. Compatibility Category C are those program 
elements that do not meet the criteria of Category A or B, but the 
essential objectives of which 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 
are those program elements that do not meet any of the criteria of 
Category A, B, or C, above, and, thus, do not need to be adopted by 
Agreement States for purposes of compatibility. Compatibility Category 
NRC 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. Category H&S program elements are not required 
for purposes of compatibility; however, they do have particular health 
and safety significance. The Agreement State should adopt the essential 
objectives of such program elements to maintain an adequate program.
    The portions of this final rule that amend 10 CFR parts 30 and 70 
are a matter of compatibility between the NRC and the Agreement States, 
thereby providing consistency among Agreement State and NRC 
requirements, and are listed in the following table. The changes to 10 
CFR parts 9, 50, 51, and 110 categories are not subject to Agreement 
State jurisdiction and consequently are not required for compatibility.

                                               Compatibility Table
----------------------------------------------------------------------------------------------------------------
                                                                                       Compatibility
           Section                    Change               Subject       ---------------------------------------
                                                                               Existing               New
----------------------------------------------------------------------------------------------------------------
                                                     Part 30
----------------------------------------------------------------------------------------------------------------
30.32(i).....................  AMEND..............  Application for       H&S...............  H&S.
                                                     specific licenses.
----------------------------------------------------------------------------------------------------------------
                                                     Part 70
----------------------------------------------------------------------------------------------------------------
70.22(f), (i)................  AMEND..............  Contents of           NRC...............  NRC.
                                                     application.
70.23(b).....................  AMEND..............  Requirements for the  NRC...............  NRC.
                                                     approval of
                                                     applications.

[[Page 80949]]

 
70.24........................  AMEND..............  Criticality accident  NRC...............  NRC.
                                                     requirements.
----------------------------------------------------------------------------------------------------------------

List of Subjects

10 CFR Part 9

    Administrative practice and procedure, Courts, Criminal penalties, 
Freedom of information, Government employees, Privacy, Reporting and 
recordkeeping requirements, Sunshine Act.

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 50

    Administrative practice and procedure, Antitrust, Backfitting, 
Classified information, Criminal penalties, Education, Emergency 
planning, Fire prevention, Fire protection, 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 materials, Nuclear 
power plants and reactors, Reporting and recordkeeping requirements.

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 110

    Administrative practice and procedure, Classified information, 
Criminal penalties, Exports, 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 9, 30, 50, 51, 70, and 110.

PART 9--PUBLIC RECORDS

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, sec. 161 (42 U.S.C. 
2201); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 
44 U.S.C. 3504 note.

    Subpart A also issued under 31 U.S.C. 9701.
    Subpart B also issued under 5 U.S.C. 552a.
    Subpart C also issued under 5 U.S.C. 552b.
    Subpart E also issued under 42 U.S.C. 405 note.


Sec.  9.104  [Amended]

0
2. In Sec.  9.104, amend paragraph (a)(4) by removing the reference 
``Sec.  2.790(d) of this title'' and adding in its place the references 
``Sec. Sec.  2.390(b)(3)(i) and (b)(4) of this chapter;''.

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

0
3. 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.  30.32  [Amended]

0
4. Amend footnote 1 in Sec.  30.32 by removing ``superceed'' and adding 
in its place ``supersede''.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
5. 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.

Appendix C to Part 50 [Amended]

0
6. In appendix C to 10 CFR part 50, amend footnote 1 in section I.A.1 
by removing the reference ``2.790'' and adding in its place the 
reference ``2.390''.

0
7. In appendix J, revise footnote 2 to read as follows:

Appendix J to Part 50--Primary Reactor Containment Leakage Testing for 
Water-Cooled Power Reactors

* * * * *
    \2\ See footnote 1.
* * * * *

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC 
LICENSING AND RELATED REGULATORY FUNCTIONS

0
8. 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.  51.34  [Amended]

0
9. In Sec.  51.34, amend the first sentence in paragraph (b) by 
removing the reference ``subpart G of''.


Sec.  51.102  [Amended]

0
10. In Sec.  51.102, amend the first sentence in paragraph (c) by 
removing the reference ``subpart G of''.

[[Page 80950]]

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
11. 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.
    Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
    Section 70.21(g) also issued under Atomic Energy Act sec. 122 
(42 U.S.C. 2152).
    Section 70.31 also issued under Atomic Energy Act sec. 57(d) (42 
U.S.C. 2077(d)).
    Sections 70.36 and 70.44 also issued under Atomic Energy Act 
sec. 184 (42 U.S.C. 2234).
    Section 70.81 also issued under Atomic Energy Act secs. 186, 187 
(42 U.S.C. 2236, 2237).
    Section 70.82 also issued under Atomic Energy Act sec. 108 (42 
U.S.C. 2138).

0
12. In Sec.  70.22:
0
a. Amend paragraph (f) by redesignating footnote 2 as footnote 1.
0
b. Amend paragraph (i)(3)(viii) by redesignating footnote 1 as footnote 
2 and revising newly redesignated footnote 2.
    The revision reads as follows:


Sec.  70.22  Contents of applications.

* * * * *
    (i) * * *
    (3) * * *
    (viii) * * *

    [\2\] These reporting requirements do not supersede or release 
licensees of complying with the requirements under the Emergency 
Planning and Community Right-to-Know Act of 1986, Title III, Public 
Law 99-499 or other state or Federal reporting requirements.


Sec.  70.23  [Amended]

0
13. Amend paragraph (b) of Sec.  70.23 by removing the superscript 
``[3]'' and adding in its place the superscript ``[2]'' and 
redesignating footnote 3 as footnote 2.


Sec.  70.24  [Amended]

0
14. Amend paragraph (d)(1) of Sec.  70.24 by removing ``ombined'' and 
adding in its place ``combined''.

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

0
15. 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, 2071, 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, sec. 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.  110.54  [Amended]

0
16. In Sec.  110.54:
0
a. Amend the second sentence in paragraph (b) introductory text by 
adding the phrase ``or by electronic submission at 
[email protected]'' after the phrase ``provided in Sec.  110.4''; 
and
0
b. Amend the second sentence in paragraph (c) introductory text by 
adding the phrase ``or by electronic submission at 
[email protected]'' after the phrase ``provided in Sec.  110.4''.

    Dated: November 7, 2023.

    For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of 
Rulemaking, Environmental, and Financial Support, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2023-24950 Filed 11-20-23; 8:45 am]
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