Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations 57873 

(2) * * * 

(i) If a Class I product, the simple 

average of the Class III and Class IV 

manufacturing allowances applies; 

* * * * * 

(3) * * * 

(iii) The fuel economy rate of 6.1 

miles per gallon. 

* * * * * 

§ 1147.212 [Removed] 

■ 8. Remove § 1147.212. 

Erin Morris, 

Associate Deputy Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–18148 Filed 8–23–23; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 1, 2, 26, 32, 40, 50, 51, 

52, 72, and 73 

[NRC–2022–0216] 

RIN 3150–AK92 

Miscellaneous Corrections 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to make miscellaneous 

corrections. These changes include 

updating organizational information, 

revising an address, and correcting 

reference, spelling, and grammatical 

errors. The amendments also make 

updates to replace gendered terms with 

inclusive, gender-neutral language. 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 

September 25, 2023. 

ADDRESSES: Please refer to Docket ID 

NRC–2022–0216 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–2022–0216. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. 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 

PDR.Resource@nrc.gov. 

• NRC’s PDR: The PDR, where 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 PDR.Resource@nrc.gov 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: 

Krupskaya Castellon, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–287– 

9221, email: Krupskaya.Castellon@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Summary of Changes 

III. Rulemaking Procedure 

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 1, 2, 26, 32, 40, 50, 51, 52, 72, 

and 73 of title 10 of the Code of Federal 

Regulations (10 CFR). The NRC is 

making these amendments to update 

organizational information, revise an 

address, and correct reference, spelling, 

and grammatical errors. This rule also 

makes updates to replace gendered 

terms with inclusive, gender-neutral 

language. 

II. Summary of Changes 

10 CFR Part 1 

Update Organization and Functions. 

In § 1.42 concerning the Office of 

Nuclear Material Safety and Safeguards, 

this final rule revises the introductory 

text for paragraph (b)(26). The rule also 

revises paragraph (b)(30) to list financial 

assurance activities and adds a new 

paragraph (b)(33) to list duties for 

environmental activities. This final rule 

updates the regulations to align more 

closely with Commission direction in 

SRM–SECY–15–0143, ‘‘Project Aim and 

Centers of Expertise,’’ dated February 

22, 2016 (Agencywide Documents 

Access and Management System 

ML16053A500) regarding Centers of 

Expertise. 

Update Organizational Functions. In 

§ 1.43, this final rule moves 

responsibility for review and evaluation 

related to reactor facilities insurance, 

indemnity, and antitrust matters from 

the Office of Nuclear Reactor Regulation 

to the Office of Nuclear Material Safety 

and Safeguards. 

10 CFR Part 2 

Revise Nomenclature. This final rule 

revises 10 CFR part 2 to replace 

gendered terms with inclusive, genderneutral language. 

Correct Reference. In § 2.1202(a)(1), 

this final rule removes the incorrect 

reference to 10 CFR 50.12 and replaces 

it with the correct reference 10 CFR 

50.10. 

10 CFR Parts 26, 50, 52, and 73 

Revise Street Address. This final rule 

amends §§ 26.11, 50.4(a), 52.3(a), and 

73.4(b) to add the mailing zip code for 

the hand delivery method for 

communications. 

10 CFR Part 32 

Correct Reference. In 10 CFR 

32.72(a)(2)(i), this final rule removes the 

incorrect reference to 21 CFR 207.20 

and replaces it with the correct 

reference 21 CFR 207.17(a). 

10 CFR Part 40 

Correct Spelling. This final rule 

amends Appendix A to part 40 to 

remove the text ‘‘meterology’’ and add 

in its place the text ‘‘meteorology.’’ 

10 CFR Part 50 

Correct Typographical Error. This 

final rule removes a duplicative phrase 

in the introductory text of 

§ 50.55a(b)(2)(xliii). 

Correct Reference. This final rule 

reverts an inadvertent change to a 

reference in Appendix H paragraph 

III.B.1 that occurred during a direct final 

rulemaking (85 FR 62199) by removing 

the incorrect reference to ASTM E 185 

and replacing it with ASTM E 185–82. 

10 CFR Part 51 

Correct Reference. In § 51.77(a), this 

final rule removes the incorrect 

reference to appendix M and replaces it 

with the correct reference subpart F. 

10 CFR Part 72 

Correct Spelling. This final rule 

amends § 72.3 to remove the text 

‘‘radioacive’’ and add in its place the 

text ‘‘radioactive.’’ 


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10 CFR Part 73 

Correct Grammatical Error. In § 73.50, 

this final rule adds the indefinite article 

‘‘a’’ before the words ‘‘nuclear reactor’’ 

in the introductory text. 

III. Rulemaking Procedure 

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 

update organizational information and 

correct references, grammatical and 

spelling errors, and make updates to 

replace gendered terms with inclusive, 

gender-neutral language. 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 September 25, 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 

§ 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, and 

include updates to organizational 

information, corrections to references, 

grammatical errors and spelling, and 

make updates to replace gendered terms 

with inclusive, gender-neutral 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 

The NRC has determined that this 

final rule is the type of action described 

in § 51.22(c)(2), which categorically 

excludes from environmental review 

rules that are corrective or of a minor or 

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), 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 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: 


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COMPATIBILITY TABLE

Section Change Subject 

Compatibility 

Existing New 

Part 32: 

§ 32.72(a)(2)(i) ............................. Amend ................... Manufacture, preparation, or transfer for commercial distribution of radioactive drugs containing byproduct material for medical use under part 35.B B 

Part 40: 

Introduction to Appendix A to 10 

CFR part 40.

Amend ................... Introduction ........................................................................ C C 

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 26 

Administrative practice and 

procedure, Alcohol abuse, Alcohol 

testing, Appeals, Chemical testing, Drug 

abuse, Drug testing, Employee 

assistance programs, Fitness for duty, 

Management actions, Nuclear power 

plants and reactors, Privacy, Protection 

of information, Radiation protection, 

Reporting and recordkeeping 

requirements. 

10 CFR Part 32 

Byproduct material, Criminal 

penalties, Labeling, Nuclear energy, 

Nuclear materials, Radiation protection, 

Reporting and recordkeeping 

requirements. 

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, 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 52 

Administrative practice and 

procedure, Antitrust, Combined license, 

Early site permit, Emergency planning, 

Fees, Inspection, Issue finality, Limited 

work authorization, Manufacturing 

license, 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 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, 

Imports, Nuclear energy, Nuclear 

materials, Nuclear power plants and 

reactors, 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 1, 2, 26, 

32, 40, 50, 51, 52, 72, and 73. 

PART 1—STATEMENT OF 

ORGANIZATIONAL AND GENERAL 

INFORMATION 

■ 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). 

■ 2. In § 1.42, revise paragraphs (b)(26) 

introductory text and (b)(30) and add 

paragraph (b)(33) to read as follows: 

§ 1.42 Office of Nuclear Material Safety 

and Safeguards. 

* * * * * 

(b) * * * 

(26) Through a Center of Expertise, 

leads, manages and facilitates the 

following rulemaking activities: 

* * * * * 

(30) Through a Center of Expertise, 

plans and directs program for financial 

assurance of NRC licensees including: 

(i) Ensuring licensee compliance with 

decommissioning funding assurance 

requirements. 

(ii) Preparing safety evaluations for 

power reactor and research and test 

reactors, applicants for new reactors, 

and for actions associated with license 

transfers and exemption requests in 

which financial qualifications and 

decommissioning funding assurance 

requirements for reactor licensees are 

assessed. 

(iii) Ensuring compliance with power 

reactor financial protection 

requirements in the form of insurance 

and indemnity coverage, and evaluation 

of foreign ownership, control, or 

domination concerns for potential new 

licensees; and 


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(iv) Ensuring that materials and 

Independent Spent Fuel Storage 

Installation licensees meet 

decommissioning funding assurance 

requirements. 

(v) Performing review and evaluation 

related to reactor facilities insurance, 

indemnity, and antitrust matters. 

* * * * * 

(33) Through a Center of Expertise, 

supports public health, safety, and the 

environment through activities 

including: 

(i) Leading environmental reviews for 

the NRC’s licensing actions as required 

by the National Environmental Policy 

Act, the Endangered Species Act, 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

National Marine Sanctuaries Act, and 

the National Historic Preservation Act; 

and 

(ii) Developing and issuing 

Environmental Impact Statements and 

Environmental Assessments, and 

coordinating these activities with other 

Federal, State, Tribal and local agencies; 

and 

(iii) Monitoring licensee adherence to 

endangered and threatened species take 

limits and consulting with other Federal 

agencies on endangered and threatened 

species, critical habitats, essential fish 

habitats, and national marine sanctuary 

resources. 

■ 3. In § 1.43, revise paragraphs (e) and 

(f) and remove paragraph (g). 

The revisions read as follows: 

§ 1.43 Office of Nuclear Reactor 

Regulation. 

* * * * * 

(e) Provides guidance and 

implementation direction to Regional 

Offices on reactor licensing, inspection, 

and safeguards programs assigned to the 

Region, and appraises Regional program 

performance in terms of effectiveness 

and uniformity; and 

(f) Performs other functions required 

for implementation of the reactor 

licensing, inspection, and safeguard 

programs. 

PART 2—AGENCY RULES OF 

PRACTICE AND PROCEDURE 

■ 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. 

§ 2.102 [Amended] 

■ 5. In § 2.102, amend the first sentence 

in paragraph (b) by removing the text 

‘‘he’’ and adding in its place the text 

‘‘the Director’’. 

§ 2.103 [Amended] 

■ 6. In § 2.103: 

■ a. Amend the first sentence in 

paragraph (a) by removing the text ‘‘he’’ 

and adding in its place the text ‘‘the 

Director’’; and 

■ b. Amend paragraph (b) by removing 

the text ‘‘he’’ and adding in its place the 

text ‘‘the Director’’. 

§ 2.203 [Amended] 

■ 7. In § 2.203, in the third sentence, 

remove the text ‘‘he’’ and add in its 

place the text ‘‘the presiding officer or 

Chief Administrative Law Judge’’. 

§ 2.206 [Amended] 

■ 8. In § 2.206, amend the second 

sentence in paragraph (c)(1) by 

removing the text ‘‘his’’ and adding in 

its place the text ‘‘their’’. 

■ 9. In § 2.313, revise paragraphs (b)(1) 

and (2) and (c) introductory text to read 

as follows: 

§ 2.313 Designation of presiding officer, 

disqualification, unavailability, and 

substitution. 

* * * * * 

(b) * * * 

(1) If a designated presiding officer or 

a designated member of an Atomic 

Safety and Licensing Board believes that 

they are disqualified to preside or to 

participate as a board member in the 

hearing, they shall withdraw by notice 

on the record and shall notify the 

Commission or the Chief Administrative 

Judge, as appropriate, of the withdrawal. 

(2) If a party believes that a presiding 

officer or a designated member of an 

Atomic Safety and Licensing Board 

should be disqualified, the party may 

move that the presiding officer or the 

Licensing Board member disqualify 

themselves. The motion must be 

supported by affidavits setting forth the 

alleged grounds for disqualification. If 

the presiding officer does not grant the 

motion or the Licensing Board member 

does not disqualify themselves, the 

motion must be referred to the 

Commission. The Commission will 

determine the sufficiency of the grounds 

alleged. 

(c) Unavailability. If a presiding 

officer or a designated member of an 

Atomic Safety and Licensing Board 

becomes unavailable during the course 

of a hearing, the Commission or the 

Chief Administrative Judge, as 

appropriate, will designate another 

presiding officer or Atomic Safety and 

Licensing Board member. If they 

become unavailable after the hearing 

has been concluded, then: 

* * * * * 

■ 10. Revise § 2.316 to read as follows: 

§ 2.316 Consolidation of parties. 

On motion or on its own initiative, 

the Commission or the presiding officer 

may order any parties in a proceeding 

who have substantially the same interest 

that may be affected by the proceeding 

and who raise substantially the same 

questions, to consolidate their 

presentation of evidence, crossexamination, briefs, proposed findings 

of fact, and conclusions of law and 

argument. However, it may not order 

any consolidation that would prejudice 

the rights of any party. A consolidation 

under this section may be for all 

purposes of the proceeding, all of the 

issues of the proceeding, or with respect 

to any one or more issues thereof. 

§ 2.337 [Amended] 

■ 11. In § 2.337: 

■ a. Amend paragraph (e) by removing 

the text ‘‘his’’ and adding in its place 

the text ‘‘their’’; 

■ b. Amend paragraph (g)(1) by 

removing the text ‘‘his or her’’ and 

adding in its place the text ‘‘their’’; 

■ c. Amend paragraph (g)(2)(iv) by 

removing the text ‘‘his or her’’ and 

adding in its place the text ‘‘their’’; and 

■ d. Amend paragraph (g)(3)(iv) by 

removing the text ‘‘his or her’’ and 

adding in its place the text ‘‘their’’. 

■ 12. In § 2.604, revise paragraph (c) to 

read as follows: 

§ 2.604 Notice of hearing on application 

for early review of site suitability issues in 

construction permit proceeding. 

* * * * * 

(c) Any person who was permitted to 

intervene as a party under the initial 

notice of hearing on site suitability 

issues and who was not dismissed or 

did not withdraw as a party may 

continue to participate as a party to the 

proceeding with respect to the 

remaining unresolved issues, provided 

that within the time prescribed for filing 

of petitions for leave to intervene in the 

supplementary notice of hearing, they 

file a notice of their intent to continue 

as a party, along with a supporting 

affidavit identifying the specific aspect 

or aspects of the subject matter of the 

proceeding as to which they wish to 

continue to participate as a party and 

setting forth with particularity the basis 


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for their contentions with regard to each 

aspect or aspects. A party who files a 

non-timely notice of intent to continue 

as a party may be dismissed from the 

proceeding, absent a determination that 

the party has made a substantial 

showing of good cause for failure to file 

on time, and with particular reference to 

the factors specified in § 2.309(c)(1)(i) 

through (iv) and (d). The notice will be 

ruled upon by the Commission or 

presiding officer designated to rule on 

petitions for leave to intervene. 

* * * * * 

§ 2.702 [Amended] 

■ 13. In § 2.702: 

■ a. Amend the first sentence in 

paragraph (a) by removing the text ‘‘he 

or she is’’ and adding in its place the 

text ‘‘they are’’; and 

■ b. Amend paragraph (f) introductory 

text by removing the text ‘‘he is’’ and 

adding in its place the text ‘‘they are’’. 

§ 2.703 [Amended] 

■ 14. In § 2.703: 

■ a. Amend paragraph (a)(3) by 

removing the text ‘‘he intends’’ and 

adding in its place the text ‘‘they 

intend’’; 

■ b. Amend paragraph (a)(4) by 

removing the text ‘‘himself’’ and adding 

in its place the text ‘‘themselves’’; and 

■ c. Amend the second sentence in 

paragraph (b) by removing the text ‘‘his 

or her’’ and adding in its place ‘‘their’’. 

§ 2.705 [Amended] 

■ 15. In § 2.705: 

■ a. Amend paragraph (b)(2) 

introductory text in the first sentence by 

removing the text ‘‘his or her’’ and 

adding in its place the text ‘‘their’’ and 

in the second sentence by removing the 

text ‘‘he or she determines’’ and adding 

in its place ‘‘they determine’’; and 

■ b. Amend paragraph (b)(3) by 

removing the text ‘‘his’’ and adding in 

its place the text ‘‘their’’ and by 

removing the text ‘‘he’’ and adding in its 

place the text ‘‘the party’’. 

■ 16. In § 2.706: 

■ a. Amend paragraph (a)(1) by 

removing the text ‘‘him’’ and adding in 

its place the text ‘‘them’’, and by 

removing the text ‘‘he belongs’’ and 

adding in its place the text ‘‘they 

belong’’; 

■ b. Amend the first sentence of 

paragraph (a)(4) by removing the text 

‘‘his or her’’ and adding in its place the 

text ‘‘their’’; 

■ c. Amend the first sentence of 

paragraph (a)(5) by removing the text 

‘‘he or she is’’ and adding in its place 

the text ‘‘they are’’; 

■ d. Revise paragraph (a)(7). 

The revision reads as follows: 

§ 2.706 Depositions upon oral examination 

and written interrogatories; interrogatories 

to parties. 

(a) * * * 

(7) A deposition will not become a 

part of the record in the hearing unless 

received in evidence. If only part of a 

deposition is offered in evidence by a 

party, any other party may introduce 

any other parts. A party does not make 

a person its own witness for any 

purpose by taking their deposition. 

* * * * * 

§ 2.708 [Amended] 

■ 17. In § 2.708: 

■ a. Amend the first sentence of 

paragraph (a) by removing the text ‘‘his 

or her’’ and adding in its place the text 

‘‘its’’; and 

■ b. Amend paragraph (b)(1)(i) by 

removing the text ‘‘he’’ and adding in its 

place the text ‘‘it’’. 

§ 2.710 [Amended] 

■ 18. In § 2.710: 

■ a. Amend the third sentence in 

paragraph (b) by removing the text ‘‘his’’ 

and adding in its place the text ‘‘its’’; 

and 

■ b. Amend the first sentence of 

paragraph (c) by removing the text ‘‘he 

or she’’ and adding in its place the text 

‘‘it’’. 

§ 2.711 [Amended] 

■ 19. In § 2.711, amend paragraph (i) by 

removing the text ‘‘his’’. 

■ 20. In § 2.905: 

■ a. Amend the first sentence of 

paragraph (a) by removing the text ‘‘his’’ 

and adding in its place the text ‘‘the’’; 

and 

■ b. Revise paragraph (b)(1). 

The revision reads as follows: 

§ 2.905 Access to restricted data and 

national security information for parties; 

security clearances. 

* * * * * 

(b) * * * 

(1) On application showing that 

access to Restricted Data or National 

Security Information may be required 

for the preparation of a party’s case, and 

except as provided in paragraph (h) of 

this section, the Commission or the 

presiding officer will issue an order 

granting access to such Restricted Data 

or National Security Information to the 

party upon obtaining the required 

security clearance, to counsel for the 

party upon their obtaining the required 

security clearance, and to such other 

individuals as may be needed by the 

party for the preparation and 

presentation of the case upon their 

obtaining the required clearance. 

* * * * * 

§ 2.908 [Amended] 

■ 21. In § 2.908, amend paragraph (a)(3) 

by removing the text ‘‘he’’ and adding 

in its place the text ‘‘the party’’. 

■ 22. In § 2.909, revise the introductory 

text and paragraph (c) to read as follows: 

§ 2.909 Rearrangement or suspension of 

proceedings. 

In any proceeding subject to this part 

where a party gives a notice of intent to 

introduce Restricted Data or other 

National Security Information, and the 

presiding officer determines that any 

other interested party does not have 

required security clearances, the 

presiding officer may in their discretion: 

* * * * * 

(c) Take such other action as they 

determine to be in the best interest of all 

parties to the public. 

■ 23. In § 2.910, revise paragraphs (c) 

and (d) to read as follows: 

§ 2.910 Unclassified statements required. 

* * * * * 

(c) If the presiding officer determines 

that the unclassified statement, together 

with such unclassified modifications as 

they find are necessary or appropriate to 

protect the interest of other parties and 

the public interest, adequately sets forth 

information in the classified matter 

which is relevant and material to the 

issues in the proceeding, they shall 

direct that the classified matter be 

excluded from the record of the 

proceeding. The presiding officer’s 

determination will be considered by the 

Commission as a part of the decision in 

the event of review. 

(d) If the presiding officer determines 

that an unclassified statement does not 

adequately present the information 

contained in the classified matter which 

is relevant and material to the issues in 

the proceeding, they shall include their 

reasons in their determination. This 

determination shall be included as part 

of the record and will be considered by 

the Commission in the event of review 

of the determination. 

* * * * * 

§ 2.1202 [Amended] 

■ 24. In § 2.1202, amend paragraph 

(a)(1) by removing the reference ‘‘10 

CFR 50.12’’ and adding in its place the 

reference ‘‘10 CFR 50.10’’. 

§ 2.1207 [Amended] 

■ 25. In § 2.1207, amend paragraph 

(b)(4) by removing the text ‘‘his’’ and 

adding in its place the text ‘‘their’’. 


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57878 Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations 

§ 2.1319 [Amended] 

■ 26. In § 2.1319: 

■ a. Amend the third sentence in 

paragraph (b) by removing the text 

‘‘himself’’ and adding in its place the 

text ‘‘themselves’’; and 

■ b. Amend paragraph (c) by removing 

the text ‘‘himself or herself’’ and adding 

in its place the text ‘‘themselves’’ and by 

removing the text ‘‘he or she’’ and 

adding in its place the text ‘‘they’’. 

PART 26—FITNESS FOR DUTY 

PROGRAMS 

■ 27. The authority citation for part 26 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 53, 103, 104, 107, 161, 223, 234, 1701 

(42 U.S.C. 2073, 2133, 2134, 2137, 2201, 

2273, 2282, 2297f); Energy Reorganization 

Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 

5842); 44 U.S.C. 3504 note. 

§ 26.11 [Amended] 

■ 28. Amend § 26.11 by adding zip code 

‘‘20852–2738’’ after ‘‘Maryland’’. 

PART 32—SPECIFIC DOMESTIC 

LICENSES TO MANUFACTURE OR 

TRANSFER CERTAIN ITEMS 

CONTAINING BYPRODUCT MATERIAL 

■ 29. The authority citation for part 32 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 81, 161, 170H, 181, 182, 183, 223, 234, 

274 (42 U.S.C. 2111, 2201, 2210h, 2231, 

2232, 2233, 2273, 2282, 2021); Energy 

Reorganization Act of 1974, sec. 201 (42 

U.S.C. 5841); 44 U.S.C. 3504 note. 

§ 32.72 [Amended] 

■ 30. In § 32.72, amend paragraph 

(a)(2)(i) by removing the reference ‘‘21 

CFR 207.20(a)’’ and adding in its place 

the reference ‘‘21 CFR 207.17(a)’’. 

PART 40—DOMESTIC LICENSING OF 

SOURCE MATERIAL 

■ 31. 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. 

Appendix A to Part 40—[Amended] 

■ 32. In the fourth paragraph of the the 

introduction to appendix A to part 40, 

remove the text ‘‘meterology’’ and add 

in its place the text ‘‘meteorology’’. 

PART 50—DOMESTIC LICENSING OF 

PRODUCTION AND UTILIZATION 

FACILITIES 

■ 33. 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. 

§ 50.4 [Amended] 

■ 34. In § 50.4, amend paragraph (a) by 

adding zip code ‘‘20852–2738’’ after 

‘‘Maryland’’. 

§ 50.55a [Amended] 

■ 35. In § 50.55a, amend the paragraph 

(b)(2)(xliii) heading by removing the text 

‘‘Section XI Condition:’’ 

■ 36. In appendix H to part 50, revise 

paragraph III.B.1 to read as follows: 

Appendix H to Part 50—Reactor Vessel 

Material Surveillance Program 

Requirements 

* * * * * 

III. * * * 

B. * * * 

1. The design of the surveillance program 

and the withdrawal schedule must meet the 

requirements of the edition of the ASTM E 

185 that is current on the issue date of the 

ASME Code to which the reactor vessel was 

purchased; for reactor vessels purchased after 

1982, the design of the surveillance program 

and the withdrawal schedule must meet the 

requirements of ASTM E 185–82. For reactor 

vessels purchased in or before 1982, later 

editions of ASTM E 185 may be used, but 

including only those editions through 1982. 

For each capsule withdrawal, the test 

procedures and reporting requirements must 

meet the requirements of ASTM E 185–82 to 

the extent practicable for the configuration of 

the specimens in the capsule. If any of the 

optional provisions in paragraphs III.B.4(a) 

through (d) of this section are implemented 

in lieu of ASTM E 185, the number of 

specimens included or tested in the 

surveillance program shall be adjusted as 

specified in paragraphs III.B.4(a) through (d) 

of this section. 

* * * * * 

PART 51—ENVIRONMENTAL 

PROTECTION REGULATIONS FOR 

DOMESTIC LICENSING AND RELATED 

REGULATORY FUNCTIONS 

■ 37. 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)). 

§ 51.77 [Amended] 

■ 38. In § 51.77, amend paragraph (a) 

introductory text by removing the 

reference ‘‘appendix M’’ and adding in 

its place the reference ‘‘subpart F’’. 

PART 52—LICENSES, 

CERTIFICATIONS, AND APPROVALS 

FOR NUCLEAR POWER PLANTS 

■ 39. 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. 

§ 52.3 [Amended] 

■ 40. In § 52.3, amend paragraph (a) by 

adding zip code ‘‘20852–2738’’ after 

‘‘Maryland’’. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH–LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR–RELATED GREATER THAN 

CLASS C WASTE 

■ 41. 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. 


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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations 57879 

§ 72.3 [Amended] 

■ 42. In § 72.3, amend the definition of 

‘‘High-level radioactive waste or HLW’’, 

in paragraph (1), by removing the text 

‘‘radioacive’’ and adding in its place the 

text ‘‘radioactive.’’ 

PART 73—PHYSICAL PROTECTION OF 

PLANTS AND MATERIALS 

■ 43. The authority citation for part 73 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 53, 147, 149, 161, 161A, 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). 

■ 44. In § 73.4 revise paragraph (b) to 

read as follows: 

§ 73.4 Communications. 

* * * * * 

(b) By hand delivery to the NRC’s 

offices at 11555 Rockville Pike, 

Rockville, Maryland 20852–2783; 

* * * * * 

§ 73.50 [Amended] 

■ 45. In § 73.50, amend the introductory 

text by adding the article ‘‘a’’ before the 

words ‘‘nuclear reactor’’. 

Dated: August 18, 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. 2023–18183 Filed 8–23–23; 8:45 am] 

BILLING CODE 7590–01–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1614 

RIN 3046–AB23 

Federal Sector Equal Employment 

Opportunity 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule. 

SUMMARY: The Equal Employment 

Opportunity Commission (‘‘EEOC’’ or 

‘‘Commission’’) is issuing a final rule 

revising its Federal sector complaint 

processing regulations to allow for the 

digital transmission of equal 

employment opportunity hearing and 

appellate documents and to address 

various uses of the Commission’s 

Electronic Public Portal. 

DATES: Effective August 24, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Oram, Assistant Legal 

Counsel, at (202) 921–2665 or 

kathleen.oram@eeoc.gov, or Gary J. 

Hozempa, Senior Staff Attorney, at (202) 

921–2672 or gary.hozempa@eeoc.gov, 

Office of Legal Counsel, U.S. Equal 

Employment Opportunity Commission. 

Requests for this document in an 

alternative format should be made to the 

EEOC’s Office of Communications and 

Legislative Affairs at (202) 921–3191 

(voice), 1–800–669–6820 (TTY), or 1– 

844–234–5122 (ASL video phone). 

SUPPLEMENTARY INFORMATION: 

Introduction 

On September 27, 2022, the EEOC 

published in the Federal Register a 

Notice of Proposed Rulemaking 

(‘‘NPRM’’) announcing its intention to 

amend 29 CFR part 1614 by authorizing 

the EEOC, the Office of Federal 

Operations (‘‘OFO’’), and the EEOC’s 

Administrative Judges (‘‘AJs’’) to issue 

and receive documents electronically 

instead of, or in addition to, using first 

class U.S. mail (‘‘first class mail’’). 

Currently, 29 CFR 1614.109(i) provides 

that an AJ ‘‘shall send copies of the 

hearing . . . decision to the parties.’’ 

Section 1614.405(a) requires that a 

Commission appellate decision be 

‘‘transmitted to the complainant and the 

agency by first class mail.’’ The NPRM 

proposed authorizing the Commission 

to transmit its hearing and appellate 

decisions, orders, and related 

documents to registered complainants 

through the EEOC Electronic Public 

Portal (‘‘Public Portal’’ or ‘‘Portal’’). It 

also was proposed that complainants 

could file hearing requests, appeals, and 

related documents through the Portal. 

The NPRM further proposed requiring 

agencies to notify complainants that 

they can use the Public Portal to file 

hearing requests and appeals. Finally, 

the NPRM asked commenters to address 

when an EEOC decision transmitted 

through the Portal should be considered 

to be received. 

The final rule formalizes the current 

use of electronic communications 

between the EEOC and its stakeholders 

by explicitly providing for the digital 

transmission of complaint files, hearing 

requests and associated documents, 

appeals and associated documents, and 

Commission decisions. The final rule 

confirms that the digital receipt of 

hearing requests, appeals, Commission 

hearing and appellate decisions, and 

related documents, is equivalent to 

receipt by first class mail. Nevertheless, 

the final rule makes clear that a 

complainant’s use of the Portal is 

voluntary. 

Thus, for complainants who choose 

not to establish a Portal account, or who 

establish an account but do not agree to 

receive EEOC communications only 

through the Portal, OFO will use first 

class mail to communicate with, and 

send documents to, complainants, even 

while transmitting the same documents 

to agencies via FedSEP (the EEOC’s 

separate electronic Portal for agencyonly use); AJs also will use email to 

transmit documents. These same 

complainants will be able to file hearing 

requests, appeals, and related 

documents through the current methods 

available (first class and registered mail, 

facsimile, personal delivery, and email). 

Comments Generally 

The EEOC received five comments 

about the NPRM, four from individuals 

and one from an attorney organization 

(‘‘organization’’). The commentors 

generally favor authorizing the EEOC 

and its AJs to transmit decisions and 

orders through the Portal. They also 

approve of allowing complainants to use 

the Portal to transmit hearing and 

appellate requests and documents. The 

organization opposes certain proposals 

while it and some of the individuals 

recommend specific modifications. 

Most provided suggestions regarding 

determining a receipt date for Portaltransmitted decisions. 

Specific Comments and EEOC’s 

Response 

Complainant Opt-In To Communicate 

via the Portal 

The NPRM provided that, where a 

complainant registers with the Portal, 

the EEOC will communicate with the 

complainant only through the Portal 

unless and until the complainant 

informs the EEOC that they want to 

receive EEOC documents by first class 

mail. The organization argues for a final 

rule specifying that a complainant will 

receive documents electronically only 

after the complainant affirmatively 

consents, or opts-in, to receive 

documents through the Portal. It further 

proposes that, even when providing 

consent, the complainant should retain 

the option to send and receive 

documents by other methods, such as 

first class mail, in addition to receiving 

these same documents through the 

Portal. To this end, the organization 

proposes that a final rule should require 

agencies and the EEOC to provide 

complainants with relevant contact 

information for all filing methods 


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