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 under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

86793 

Vol. 85, No. 251 

Thursday, December 31, 2020 

OFFICE OF MANAGEMENT AND 

BUDGET 

2 CFR Part 200 

Uniform Administrative Requirements, 

Cost Principles, and Audit 

Requirements 

AGENCY: Office of Management and 

Budget. 

ACTION: Guidance. 

SUMMARY: This document announces the 

availability of the 2020 Compliance 

Supplement Addendum (2020 

Addendum) for the Office of 

Management and Budget’s uniform 

administrative requirements, cost 

principles, and audit requirements 

regulations. This document also offers 

interested parties an opportunity to 

comment on the 2020 Addendum. 

DATES: The 2020 Addendum serves as a 

complement to the 2020 Compliance 

Supplement published on August 18, 

2020 (FR Doc. 2020–17987) and applies 

to fiscal year audits beginning after June 

30, 2019. 

ADDRESSES: All comments to the 2020 

Supplement must be in writing and 

received by January 30, 2021. Late 

comments will be considered to the 

extent practicable. Comments will be 

reviewed and addressed, when 

appropriate, in the 2021 Compliance 

Supplement. Electronic mail comments 

may be submitted to: http://

www.regulations.gov. Please include ‘‘2 

CFR part 200 Subpart F—Audit 

Requirements, Appendix XI— 

Compliance Supplement Addendum— 

2020’’ in the subject line and the full 

body of your comments in the text of the 

electronic message and as an 

attachment. Please include your name, 

title, organization, postal address, 

telephone number, and email address in 

the text of the message. Comments may 

also be sent to: GrantsTeam@

omb.eop.gov. 

Please note that all public comments 

received are subject to the Freedom of 

Information Act and will be posted in 

their entirety, including any personal 

and/or business confidential 

information provided. Do not include 

any information you would not like to 

be made publically available. 

The 2020 Addendum is available 

online on the OMB home page at 

https://www.whitehouse.gov/omb/ 

offices/offm. 

FOR FURTHER INFORMATION CONTACT: 

Recipients and auditors should contact 

their cognizant or oversight agency for 

audit, or Federal awarding agency, as 

appropriate under the circumstances. 

The Federal agency contacts are listed 

in appendix III of the Supplement. 

Subrecipients should contact their passthrough entity. Federal agencies should 

contact Gil Tran at Hai_M._Tran@

omb.eop.gov or (202) 395–3052 or the 

OMB Grants team at GrantsTeam@

omb.eop.gov. 

SUPPLEMENTARY INFORMATION: The 2020 

Addendum (2 CFR part 200, subpart F, 

appendix XI) adds 5 new COVID–19 

programs and updates 9 current 

programs for COVID–19 related 

compliance requirements. Consistent 

with the President’s Management 

Agenda, Cross Agency Priority (CAP) 

goal number 8, ‘‘Results-Oriented 

Accountability for Grants,’’ Federal 

awarding agencies are encouraged to 

begin a paradigm shift in grants 

management from one heavy on 

compliance to a balanced approach that 

includes establishing measurable 

program and project goals and analyzing 

data to improve results. To that end, the 

2020 Addendum continues the 

reduction of the compliance areas for 

auditor review in part 2, Matrix from a 

maximum of twelve to six, which was 

first implemented in the 2019 

Supplement, and requires a review for 

performance reporting, where 

applicable. 

The 2020 Addendum also includes an 

increased emphasis on transparency 

related requirements, including a 

requirement for auditor’s to review the 

Federal Funding Accountability and 

Transparency Act (FFATA) subaward 

reporting requirements for the COVID– 

19 programs included in this 

Addendum, where applicable. In 

addition, these requirements apply to all 

programs for audits with fiscal yearending after September 30, 2020. 

John C. Pasquantino, 

Acting Deputy Controller. 

[FR Doc. 2020–28429 Filed 12–30–20; 8:45 am] 

BILLING CODE 3110–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 110 

[NRC–2018–0294] 

RIN 3150–AK26 

Updates and Clarifications on the 

Export of Nuclear Material 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

export and import regulations to 

maintain the regulatory status quo for 

nuclear exports to the United Kingdom 

(U.K.), upon the entry into force of a 

new civil nuclear cooperation 

agreement between the United States 

(U.S.) and the U.K. (the U.S.-U.K. 123 

Agreement). The amendment will add 

the U.K. to the list of countries eligible 

to receive certain small quantities of 

special nuclear material under a general 

license, and to the list of countries 

whose export license applications do 

not require Executive Branch or 

Commission level reviews for certain 

exports of source material or lowenriched uranium. This amendment is 

necessary to bring the NRC’s regulations 

into conformity with U.S. Government 

foreign policy and preserve existing 

provisions for nuclear exports to the 

U.K. 

DATES: This final rule is effective on 

December 31, 2020. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0294 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–2018–0294. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. 


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86794 Federal Register / Vol. 85, No. 251 / Thursday, December 31, 2020 / Rules and Regulations 

• 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, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at pdr.resource@nrc.gov or call 1– 

800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Mayros, Office of International 

Programs, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–287–9088; email: 

Lauren.Mayros@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The purpose of this final rule is to 

revise the NRC’s export and import 

regulations in part 110 of title 10 of the 

Code of Federal Regulations (10 CFR), 

‘‘Export and Import of Nuclear 

Equipment and Material,’’ to include the 

United Kingdom (U.K.) as a country 

eligible to receive certain small 

quantities of special nuclear material 

under a general license, and to add the 

U.K. to the list of countries whose 

export license applications do not 

require Executive Branch or 

Commission level reviews for certain 

exports of source material or lowenriched uranium. In light of the 

impending U.K. departure from the 

European Union and European Atomic 

Energy Agency (EURATOM), this final 

rule is necessary to conform the NRC’s 

regulations with U.S. Government 

foreign policy and preserve existing 

provisions for nuclear exports to the 

U.K., upon the entry into force of the 

new civil nuclear cooperation 

agreement between the U.S. and the 

U.K. 

The U.S. Department of State has 

requested that the NRC update its 

regulations in 10 CFR part 110 to meet 

the commitment made by the U.S. 

Government to the U.K. Government to 

prepare for entry into force of the new 

U.S.-U.K. 123 Agreement. The two 

Governments plan to bring the U.S.-U.K. 

123 Agreement into force when the U.K. 

is no longer covered by the U.S. civil 

nuclear cooperation agreement with the 

European Atomic Energy Community 

(EURATOM). During the negotiations of 

the U.S.-U.K. 123 Agreement, the U.S. 

Government committed to take the 

necessary steps to ensure a seamless 

continuation of close nuclear 

cooperation with the U.K. Fulfilling this 

commitment will require current 

nuclear export regulatory and policy 

understandings to remain in place for 

U.S. companies exporting nuclear 

material to the U.K. after entry into force 

of the U.S.-U.K. 123 Agreement. As a 

result, the U.S. Department of State 

requested that the NRC amend 

§§ 110.21(b)(3), 110.40(b)(3), and 

110.41(a)(6) to meet a U.S. Government 

foreign policy objective and to provide 

confidence that the regulatory status 

quo between the U.K. and the U.S. will 

be maintained. 

The NRC has determined that revising 

§§ 110.21(b)(3), 110.40(b)(3), and 

110.41(a)(6) to include the U.K. after 

EURATOM in the requirements for 

these sections, is consistent with current 

U.S. law and policy, and will pose no 

unreasonable risk to the public health 

and safety or to the common defense 

and security of the U.S. Further, the 

revisions are essential to preserve the 

current provisions for export to the U.K. 

once the U.S.-U.K. 123 Agreement 

enters into force. 

II. Summary of Changes 

10 CFR Part 110 

This final rule revises §§ 110.21(b)(3), 

110.40(b)(3), and 110.41(a)(6) to include 

the U.K. after EURATOM in the 

requirements for these sections. 

III. Rulemaking Procedure 

Because this rule involves a foreign 

affairs function of the U.S., the notice 

and comment provisions of the 

Administrative Procedures Act do not 

apply (5 U.S.C. 553(a)(1)), and good 

cause exists to make this rule 

immediately effective upon publication. 

The effective date for those entities who 

receive actual notice of this rule is the 

date of receipt of this rule. 

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)(1), which 

categorically excludes from 

environmental review any amendments 

to 10 CFR part 110. 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 new 

or amended information collection 

requirements that are subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Existing 

requirements were approved by the 

Office of Management and Budget 

(OMB) under approval number 3150– 

0036. 

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. Regulatory Analysis 

This final rule revises §§ 110.21(b)(3), 

110.40(b)(3), and 110.41(a)(6) to include 

the U.K. after EURATOM, and is 

necessary to maintain the existing 

regulatory status quo for nuclear exports 

to the U.K. upon the entry into force of 

a new U.S.-U.K. 123 Agreement. The 

addition of the U.K. in § 110.21(b)(3) 

will continue to allow for the return of 

uranium-235, in the form of uranium 

hexafluoride heels in cylinders, to 

suppliers in the U.K. under an NRC 

general license. Adding the U.K. in 

§ 110.40(b)(3) preserves the current 

regulation that excludes Commission 

review for exports of source material or 

low-enriched uranium to EURATOM or 

Japan for enrichment up to 5 percent in 

the isotope uranium-235. Lastly, adding 

the U.K. in § 110.41(a)(6) preserves the 

current regulation that excludes 

Executive Branch review for exports of 

source material or low-enriched 

uranium to EURATOM or Japan for 

enrichment up to 5 percent in the 

isotope uranium–35. There is no 

alternative to amending the regulations 

for the export and import of nuclear 

equipment and material. This final rule 

is expected to have no changes in the 

information collection burden or cost to 

the public. 

VII. 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). 

VIII. Backfitting and Issue Finality 

The NRC has determined that a 

backfit analysis is not required for this 

rule, because these amendments do not 

include any provisions that would 

impose backfits as defined in 10 CFR 

chapter I. 


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Federal Register / Vol. 85, No. 251 / Thursday, December 31, 2020 / Rules and Regulations 86795 

1Public Law 101–410, Oct. 5, 1990, 104 Stat. 890, 

codified at 28 U.S.C. 2461 note. 2Public Law 114–74, Title VII, section 701(b), 

Nov. 2, 2015, 129 Stat. 599, codified at 28 U.S.C. 

2461 note. 3See OMB Memorandum M–18–03, 

‘‘Implementation of the 2018 Annual Adjustment 

Pursuant to the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 2015,’’ at 4, 

which permits agencies that have codified the 

formula to adjust CMPs for inflation to update the 

penalties through a notification rather than a 

regulation. 

4 83 FR 1517 (Jan. 12, 2018) (final rule); 83 FR 

1657 (Jan. 12, 2018) (2018 CMP Notice). 5The inflation adjustment multiplier for 2021 is 

1.01182 . See OMB Memorandum M–21–10, 

Continued 

IX. Congressional Review Act 

This final rule is a rule as defined in 

the Congressional Review Act (5 U.S.C. 

801–808). However, the Office of 

Management and Budget has not found 

it to be a ‘‘major rule’’ as defined by that 

act. 

List of Subjects in 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 part 110: 

PART 110—EXPORT AND IMPORT OF 

NUCLEAR EQUIPMENT AND 

MATERIAL 

■ 1. 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. 

■ 2. In § 110.21, revise paragraph (b)(3) 

to read as follows: 

§ 110.21 General license for the export of 

special nuclear material. 

* * * * * 

(b) * * * 

(3) Uranium, enriched to less than 20 

percent in uranium–235, in the form of 

uranium hexafluoride (UF6) heels in 

cylinders being returned to suppliers in 

EURATOM or the United Kingdom. 

* * * * * 

■ 3. In § 110.40, revise paragraph (b)(3) 

to read as follows: 

§ 110.40 Commission review. 

* * * * * 

(b) * * * 

(3) An export involving assistance to 

end uses related to isotope separation, 

chemical reprocessing, heavy water 

production, advanced reactors, or the 

fabrication of nuclear fuel containing 

plutonium, except for exports of source 

material or low-enriched uranium to 

EURATOM, the United Kingdom, or 

Japan for enrichment up to 5 percent in 

the isotope uranium–235, and those 

categories of exports which the 

Commission has approved in advance as 

constituting permitted incidental 

assistance. 

* * * * * 

■ 4. In § 110.41, revise paragraph (a)(6) 

to read as follows: 

§ 110.41 Executive Branch review. 

(a) * * * 

(6) An export involving assistance to 

end uses related to isotope separation, 

chemical reprocessing, heavy water 

production, advanced reactors, or the 

fabrication of nuclear fuel containing 

plutonium, except for exports of source 

material or low-enriched uranium to 

EURATOM, the United Kingdom, or 

Japan for enrichment up to 5 percent in 

the isotope uranium–235, and those 

categories of exports approved in 

advance by the Executive Branch as 

constituting permitted incidental 

assistance. 

* * * * * 

Dated: December 14, 2020. 

For the Nuclear Regulatory Commission. 

Margaret M. Doane, 

Executive Director for Operations. 

[FR Doc. 2020–27816 Filed 12–30–20; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Parts 19 and 109 

Notification of Inflation Adjustments 

for Civil Money Penalties 

AGENCY: Office of the Comptroller of the 

Currency, Treasury. 

ACTION: Notification of monetary 

penalties 2021. 

SUMMARY: The Office of the Comptroller 

of the Currency (OCC) is providing 

notice of its maximum civil money 

penalties as adjusted for inflation. The 

inflation adjustments are required to 

implement the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015. 

DATES: The adjusted maximum amount 

of civil money penalties in this 

document are applicable to penalties 

assessed on or after January 1, 2021, for 

conduct occurring on or after November 

2, 2015. 

FOR FURTHER INFORMATION CONTACT: Lee 

Walzer, Counsel, Chief Counsel’s Office, 

(202) 649–5490, Office of the 

Comptroller of the Currency. 

SUPPLEMENTARY INFORMATION: This 

document announces changes to the 

maximum amount of each civil money 

penalty (CMP) within the OCC’s 

jurisdiction to administer to account for 

inflation pursuant to the Federal Civil 

Penalties Inflation Adjustment Act of 

1990 (the 1990 Adjustment Act),1 as 

amended by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (the 2015 Adjustment Act).2

Under the 1990 Adjustment Act, as 

amended, Federal agencies must make 

annual adjustments to the maximum 

amount of each CMP they administer. 

The Office of Management and Budget 

(OMB) is required to issue guidance to 

Federal agencies no later than December 

15 of each year providing an inflation 

adjustment multiplier (i.e., the inflation 

adjustment factor agencies must use) 

applicable to CMPs assessed in the 

following year. The agencies are 

required to publish their CMPs, adjusted 

pursuant to the multiplier provided by 

OMB, by January 15 of the applicable 

year. 

To the extent an agency has codified 

a CMP amount in its regulations, the 

agency would need to update that 

amount by regulation. However, if an 

agency has codified the formula for 

making the CMP adjustments, then 

subsequent adjustments can be made 

solely by notice.3 In 2018, the OCC 

published a final regulation to remove 

the CMP amounts from its regulations, 

while updating those amounts for 

inflation through the notification 

process.4

On December 23, 2020, the OMB 

issued guidance to affected agencies on 

implementing the required annual 

adjustment, which included the relevant 

inflation multiplier.5 The OCC has 


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