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

30285 

Vol. 83, No. 125 

Thursday, June 28, 2018 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 1, 2, 34, 37, 50, 71, 73, 

and 140 

[NRC–2018–0086] 

RIN 3150–AK13 

Miscellaneous Corrections 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to make miscellaneous 

administrative updates and corrections. 

The amendments update descriptions of 

agency organization and functions, 

correct cross-reference, typographical, 

and grammatical errors, and add a 

certification recipient and clarifying 

language. This document is necessary to 

inform the public of these nonsubstantive amendments to the NRC’s 

regulations. 

DATES: This final rule is effective on July 

30, 2018. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0086 when contacting the 

NRC about the availability of 

information for this action. You may 

obtain publicly-available information 

related to this action by any of the 

following methods: 

• Federal Rulemaking website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0086. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

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 publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

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. There 

are no NRC documents referenced in 

this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: Jill 

Shepherd-Vladimir, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–1230, email: Jill.ShepherdVladimir@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC is amending its regulations 

in parts 1, 2, 34, 37, 50, 71, 73, and 140 

of title 10 of the Code of Federal 

Regulations (10 CFR) to make 

miscellaneous updates and corrections. 

The amendments update branch, 

division, and office titles; update agency 

organization and functions; correct 

cross-reference, typographical, and 

grammatical errors; and add a 

certification recipient and clarifying 

language. This document is necessary to 

ensure orderly codification of the NRC’s 

requirements and to inform the public 

of these non-substantive amendments to 

the NRC’s regulations. 

II. Summary of Changes 

10 CFR Part 1 

Update Organization and Functions. 

In § 1.34(d), this final rule removes the 

rulemaking function from the Office of 

Administration (ADM). 

Update Organization and Functions. 

In § 1.42(a) and (b), this final rule adds 

the responsibility for leading, managing, 

and facilitating rulemaking for the 

agency to the Office of Nuclear Material 

Safety and Safeguards (NMSS). 

10 CFR Part 2 

Correct Reference. In § 2.101(a)(2), 

this final rule removes the incorrect 

reference to § 2.101(g) and replaces it 

with the correct reference to § 2.101(f) in 

the last sentence. 

Update Branch and Office 

Designation. In § 2.802(b), this final rule 

updates the branch and office 

designation from the Office of 

Administration to the Office of Nuclear 

Material Safety and Safeguards. 

10 CFR Part 34 

Correct Reference. In § 34.101(c), this 

final rule removes the incorrect 

reference to § 30.6(a)(2) for locations of 

regional offices and replaces it with the 

correct reference to § 30.6(b)(2). 

10 CFR Part 37 

Include Certification Recipient. In 

§ 37.23(b)(2), after the second sentence, 

this final rule adds the sentence 

‘‘Provide oath or affirmation 

certifications to the ATTN: Document 

Control Desk; Director, Office of Nuclear 

Material Safety and Safeguards.’’ 

Insert Clarifying Language. In § 37.43 

paragraphs (d)(2) and (3), and 

paragraphs (d)(5) through (8), this final 

rule adds the phrase ‘‘the list of 

individuals that have been approved for 

unescorted access’’ from paragraph 

(d)(1) to provide the full list of 

information required to be protected. 

Correct Reference. In § 37.45(b), this 

final rule removes the incorrect 

reference to § 30.6(a)(2) and replaces it 

with the correct reference to 

§ 30.6(b)(2). 

10 CFR Parts 37, 71, and 73 

Update Division Title. In 

§§ 37.77(a)(1), 71.97(c)(3)(iii), and 

73.37(b)(2) this final rule updates the 

Office of Nuclear Material Safety and 

Safeguards’ division title from ‘‘Division 

of Material Safety, State, Tribal, and 

Rulemaking Programs’’ to ‘‘Division of 

Materials Safety, Security, State, and 

Tribal Programs.’’ 

10 CFR Part 50 

Correct Typographical Error. In 

§ 50.75(e)(1)(v), this final rule removes 

the word ‘‘entity(ies)’’ and replaces it 

with the words ‘‘entity or entities.’’ 

10 CFR Part 73 

Correct Spelling. In § 73.70(g), this 

final rule corrects the spelling of 

‘‘vertification’’ to ‘‘verification.’’ 

10 CFR Part 140 

Correct Grammatical Error. In 

§ 140.2(b)(2), this final rule adds the 

indefinite article ‘‘a’’ before the last 

word in the paragraph. 

Correct Reference. In § 140.3, this 

final rule presents the definitions in 


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30286 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 

alphabetical order, and removes the 

paragraph designations. 

Clarifying Language. In § 140.13a(a), 

this final rule adds the word ‘‘specified’’ 

before ‘‘in § 140.15’’ in the last sentence. 

Correct Typographical Error. In 

§ 140.22, this final rule corrects the title 

from ‘‘Committee’’ to ‘‘Commission’’ in 

the last sentence. 

III. Rulemaking Procedure 

Under 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 agency management, 

organization, procedure, and practice. 

Specifically, the revisions update 

branch, division, and office titles; 

update descriptions of agency 

organization and functions; correct 

cross-reference, typographical, and 

grammatical errors; and add a 

certification recipient and clarifying 

language. The Commission is exercising 

its authority under 5 U.S.C. 553(b)(3)(B) 

to publish these amendments as a final 

rule. The amendments are effective July 

30, 2018. These amendments do not 

require action by any person or entity 

regulated by the NRC, and do not 

change the substantive responsibilities 

of any person or entity regulated by the 

NRC. 

IV. Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

final rule is the type of action described 

in 10 CFR 51.22(c)(2), which 

categorically excludes from 

environmental review rules that are 

corrective or of a minor, nonpolicy 

nature and do not substantially modify 

existing regulations. Therefore, neither 

an environmental impact statement nor 

an environmental assessment has been 

prepared for this rule. 

V. Paperwork Reduction Act 

This final rule does not contain a 

collection of information as defined in 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) and, therefore, 

is not subject to the requirements of the 

Paperwork Reduction Act of 1995. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

OMB control number. 

VI. Plain Writing 

The Plain Writing Act of 2010 

(Pub. L. 111–274) requires Federal 

agencies to write documents in a clear, 

concise, and well-organized manner. 

The NRC has written this document to 

be consistent with the Plain Writing Act 

as well as the Presidential 

Memorandum, ‘‘Plain Language in 

Government Writing,’’ published June 

10, 1998 (63 FR 31883). 

VII. Backfitting and Issue Finality 

The NRC has determined that the 

corrections in this final rule do not 

constitute backfitting and are not 

inconsistent with any of the issue 

finality provisions in 10 CFR part 52. 

The amendments are non-substantive in 

nature; they update branch, division, 

and office titles; update descriptions of 

agency organization and functions; 

correct cross-reference, typographical, 

and grammatical errors; and add a 

certification recipient and clarifying 

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 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 

administrative rulemaking addressing 

backfitting or issue finality. 

VIII. Congressional Review Act 

This final rule is not a rule as defined 

in the Congressional Review Act 

(5 U.S.C. 801–808). 

List of Subjects 

10 CFR Part 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 34 

Criminal penalties, Incorporation by 

reference, Manpower training programs, 

Occupational safety and health, 

Packaging and containers, Penalties, 

Radiation protection, Radiography, 

Reporting and recordkeeping 

requirements, Scientific equipment, 

Security measures, X-rays. 

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 50 

Administrative practice and 

procedure, Antitrust, Classified 

information, Criminal penalties, 

Education, 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 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 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 140 

Criminal penalties, Extraordinary 

nuclear occurrence, Insurance, 

Intergovernmental relations, Nuclear 

materials, Nuclear power plants and 

reactors, Penalties, Reporting and 

recordkeeping requirements. 

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, 


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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 30287 

as amended; and 5 U.S.C. 552 and 553, 

the NRC is adopting the following 

amendments to 10 CFR parts 1, 2, 34, 

37, 50, 71, 73, and 140: 

PART 1—STATEMENT OF 

ORGANIZATION 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 § 1.34, revise paragraph (d) to 

read as follows: 

§ 1.34 Office of Administration. 

* * * * * 

(d) Manages the NRC Management 

Directives Program and provides 

translation services. 

■ 3. In § 1.42, revise paragraph (a), 

redesignate paragraphs (b)(26) through 

(31) as paragraphs (b)(27) through (32), 

and add new paragraph (b)(26) to read 

as follows: 

§ 1.42 Office of Nuclear Material Safety 

and Safeguards. 

(a) The Office of Nuclear Material 

Safety and Safeguards (NMSS) is 

responsible for regulating activities that 

provide for the safe and secure 

production of nuclear fuel used in 

commercial nuclear reactors; the safe 

storage, transportation, and disposal of 

low-level and high-level radioactive 

waste and spent nuclear fuel; the 

transportation of radioactive materials 

regulated under the Atomic Energy Act 

of 1954, as amended (the Act); and all 

other medical, industrial, academic, and 

commercial uses of radioactive isotopes. 

The NMSS ensures safety and security 

by implementing a regulatory program 

involving activities including licensing, 

inspection, assessment of environmental 

impacts for all nuclear material facilities 

and activities, assessment of licensee 

performance, events analysis, 

enforcement, and identification and 

resolution of generic issues. The NMSS 

leads, manages, and facilitates 

rulemaking activities for new, advanced, 

and operating power reactors, as well as 

non-power utilization facilities; nuclear 

materials, including production of 

nuclear fuel used in commercial nuclear 

reactors, as well as storage, 

transportation, and disposal of highlevel radioactive waste and spent 

nuclear fuel, and the transportation of 

radioactive materials regulated by the 

NRC. 

(b) * * * 

(26) Leads, manages, and facilitates 

the following rulemaking activities: 

(i) Develops and implements policies 

and procedures for the review and 

publication of NRC rulemakings, and 

ensures compliance with the Regulatory 

Flexibility Act and the Congressional 

Review Act; 

(ii) Supports all technical, financial, 

legal, and administrative rules, 

including the development of regulatory 

analyses and the orderly codification of 

the NRC’s regulations in chapter I of this 

title; and 

(iii) Manages all aspects of the 10 CFR 

2.802 Petition for Rulemaking process. 

* * * * * 

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. 

§ 2.101 [Amended] 

■ 5. In § 2.101(a)(2), in the last sentence 

remove the reference ‘‘paragraph (g)’’ 

and add in its place the reference 

‘‘paragraph (f)’’. 

■ 6. In § 2.802, revise paragraph (b) 

introductory text to read as follows: 

§ 2.802 Petition for rulemaking— 

requirements for filing. 

* * * * * 

(b) Consultation with the NRC. A 

petitioner may consult with the NRC 

staff before and after filing a petition for 

rulemaking by contacting the Chief, 

Regulatory Analysis and Rulemaking 

Support Branch, Division of 

Rulemaking, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 1–800–368– 

5642. 

* * * * * 

PART 34—LICENSES FOR 

INDUSTRIAL RADIOGRAPHY AND 

RADIATION SAFETY REQUIREMENTS 

FOR INDUSTRIAL RADIOGRAPHIC 

OPERATIONS 

■ 7. The authority citation for part 34 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 81, 161, 181, 182, 183, 223, 234, 274 (42 

U.S.C. 2111, 2201, 2231, 2232, 2233, 2273, 

2282, 2021); Energy Reorganization Act of 

1974, secs. 201, 206 (42 U.S.C. 5841, 5846); 

44 U.S.C. 3504 note. 

§ 34.101 [Amended] 

■ 8. In § 34.101(c), remove the reference 

‘‘§ 30.6(a)(2)’’ and add in its place the 

reference ‘‘§ 30.6(b)(2)’’. 

PART 37—PHYSICAL PROTECTION OF 

CATEGORY 1 AND CATEGORY 2 

QUANTITIES OF RADIOACTIVE 

MATERIAL 

■ 9. 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. 

■ 10. In § 37.23, revise paragraph (b)(2) 

to read as follows: 

§ 37.23 Access authorization program 

requirements. 

* * * * * 

(b) * * * 

(2) Each licensee shall name one or 

more individuals to be reviewing 

officials. After completing the 

background investigation on the 

reviewing official, the licensee shall 

provide under oath or affirmation, a 

certification that the reviewing official 

is deemed trustworthy and reliable by 

the licensee. Provide oath or affirmation 

certifications to the ATTN: Document 

Control Desk; Director, Office of Nuclear 

Material Safety and Safeguards. The 

fingerprints of the named reviewing 

official must be taken by a law 

enforcement agency, Federal or State 

agencies that provide fingerprinting 

services to the public, or commercial 

fingerprinting services authorized by a 

State to take fingerprints. The licensee 

shall recertify that the reviewing official 

is deemed trustworthy and reliable 

every 10 years in accordance with 

§ 37.25(c). 

* * * * * 

■ 11. In § 37.43, revise paragraphs 

(d)(2), (d)(3) introductory text, (d)(3)(i), 

(d)(5) through (7), and (d)(8)(ii) to read 

as follows: 


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30288 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 

§ 37.43 General security program 

requirements. 

* * * * * 

(d) * * * 

(2) Efforts to limit access shall include 

the development, implementation, and 

maintenance of written policies and 

procedures for controlling access to, and 

for proper handling and protection 

against unauthorized disclosure of, the 

security plan, implementing procedures, 

and the list of individuals that have 

been approved for unescorted access. 

(3) Before granting an individual 

access to the security plan, 

implementing procedures, or the list of 

individuals that have been approved for 

unescorted access, licensees shall: 

(i) Evaluate an individual’s need to 

know the security plan, implementing 

procedures, or the list of individuals 

that have been approved for unescorted 

access; and 

* * * * * 

(5) The licensee shall document the 

basis for concluding that an individual 

is trustworthy and reliable and should 

be granted access to the security plan, 

implementing procedures, or the list of 

individuals that have been approved for 

unescorted access. 

(6) Licensees shall maintain a list of 

persons currently approved for access to 

the security plan, implementing 

procedures, or the list of individuals 

that have been approved for unescorted 

access. When a licensee determines that 

a person no longer needs access to the 

security plan, implementing procedures, 

or the list of individuals that have been 

approved for unescorted access, or no 

longer meets the access authorization 

requirements for access to the 

information, the licensee shall remove 

the person from the approved list as 

soon as possible, but no later than 7 

working days, and take prompt 

measures to ensure that the individual 

is unable to obtain the security plan, 

implementing procedures, or the list of 

individuals that have been approved for 

unescorted access. 

(7) When not in use, the licensee shall 

store its security plan, implementing 

procedures, and the list of individuals 

that have been approved for unescorted 

access in a manner to prevent 

unauthorized access. Information stored 

in nonremovable electronic form must 

be password protected. 

(8) * * * 

(ii) The list of individuals approved 

for access to the security plan, 

implementing procedures, or the list of 

individuals that have been approved for 

unescorted access. 

§ 37.45 [Amended] 

■ 12. In § 37.45(b) introductory text, 

remove the reference ‘‘§ 30.6(a)(2)’’ and 

add in its place the reference 

‘‘§ 30.6(b)(2)’’. 

§ 37.77 [Amended] 

■ 13. In § 37.77(a)(1), remove the title 

‘‘Division of Material Safety, State, 

Tribal, and Rulemaking Programs’’ and 

add in its place the title ‘‘Division of 

Materials Safety, Security, State, and 

Tribal Programs’’. 

PART 50—DOMESTIC LICENSING OF 

PRODUCTION AND UTILIZATION 

FACILITIES 

■ 14. 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. 

§ 50.75 [Amended] 

■ 15. In § 50.75(e)(1)(v), in the last 

sentence, remove the word ‘‘entity(ies)’’ 

and add in its place the words ‘‘entity 

or entities’’. 

PART 71—PACKAGING AND 

TRANSPORTATION OF RADIOACTIVE 

MATERIAL 

■ 16. 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. 

§ 71.97 [Amended] 

■ 17. In § 71.97(c)(3)(iii), remove the 

title ‘‘Division of Material Safety, State, 

Tribal, and Rulemaking Programs’’ and 

add in its place the title ‘‘Division of 

Materials Safety, Security, State, and 

Tribal Programs’’. 

PART 73—PHYSICAL PROTECTION OF 

PLANTS AND MATERIALS 

■ 18. The authority citation for part 73 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 53, 147, 149, 161, 170D, 170E, 170H, 

170I, 223, 229, 234, 1701 (42 U.S.C. 2073, 

2167, 2169, 2201, 2210d, 2210e, 2210h, 

2210i, 2273, 2278a, 2282, 2297f); Energy 

Reorganization Act of 1974, secs. 201, 202 

(42 U.S.C. 5841, 5842); Nuclear Waste Policy 

Act of 1982, secs. 135, 141 (42 U.S.C. 10155, 

10161); 44 U.S.C. 3504 note. 

Section 73.37(b)(2) also issued under Sec. 

301, Public Law 96–295, 94 Stat. 789 (42 

U.S.C. 5841 note). 

§ 73.37 [Amended] 

■ 19. In § 73.37(b)(2), remove the title 

‘‘Division of Material Safety, State, 

Tribal, and Rulemaking Programs’’ and 

add in its place the title ‘‘Division of 

Materials Safety, Security, State, and 

Tribal Programs’’. 

§ 73.70 [Amended] 

■ 20. In § 73.70(g), in the first sentence, 

remove the word ‘‘vertification’’ and 

add in its place the word ‘‘verification’’. 

PART 140—FINANCIAL PROTECTION 

REQUIREMENTS AND INDEMNITY 

AGREEMENTS 

■ 21. 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. 

§ 140.2 [Amended] 

■ 22. In § 140.2(b)(2), in the last 

sentence, add the article ‘‘a’’ before the 

last word ‘‘license’’. 

■ 23. Revise § 140.3 to read as follows: 

§ 140.3 Definitions. 

As used in this part: 

Act means the Atomic Energy Act of 

1954 (68 Stat. 919) including any 

amendments thereto. 

Commission means the Nuclear 

Regulatory Commission or its duly 

authorized representatives. 

Department means the Department of 

Energy established by the Department of 

Energy Organization Act (Pub. L. 95–91, 

91 Stat. 565, 42 U.S.C. 7101 et seq.), to 

the extent that the Department, or its 

duly authorized representatives, 

exercises functions formerly vested in 

the U.S. Atomic Energy Commission, its 

Chairman, members, officers and 

components and transferred to the U.S. 

Energy Research and Development 

Administration and to the 

Administrator thereof pursuant to 

sections 104 (b), (c) and (d) of the 

Energy Reorganization Act of 1974 

(Pub. L. 93–438, 88 Stat. 1233 at 1237, 

42 U.S.C. 5814) and retransferred to the 

Secretary of Energy pursuant to section 

301(a) of the Department of Energy 

Organization Act (Pub. L. 95–91, 91 

Stat. 565 at 577–578, 42 U.S.C. 7151). 


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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 30289 

1Appendix B to 12 CFR part 701(‘‘Appendix B’’). 

Federal agency means a Government 

agency such that any liability in tort 

based on the activities of such agency 

would be satisfied by funds 

appropriated by the Congress and paid 

out of the United States Treasury. 

Financial protection means the ability 

to respond in damages for public 

liability and to meet the cost of 

investigating and defending claims and 

settling suits for such damages. 

Government agency means any 

executive department, commission, 

independent establishment, corporation, 

wholly or partly owned by the United 

States of America which is an 

instrumentality of the United States, or 

any board, bureau, division, service, 

office, officer, authority, administration, 

or other establishment in the executive 

branch of the Government. 

Nuclear reactor means any apparatus, 

other than an atomic weapon, designed 

or used to sustain nuclear fission in a 

self-supporting chain reaction. 

Person means: 

(1) Any individual, corporation, 

partnership, firm, association, trust, 

estate, public or private institution, 

group, Government agency other than 

the Commission or the Department, 

except that the Department shall be 

considered a person within the meaning 

of the regulations in this part to the 

extent that its facilities and activities are 

subject to the licensing and related 

regulatory authority of the Commission 

pursuant to section 202 of the Energy 

Reorganization Act of 1974 (88 Stat. 

1244), any State or any political 

subdivision thereof, or any political 

entity within a State, any foreign 

government or nation or any political 

subdivision of any such government or 

nation, or other entity; and 

(2) Any legal successor, 

representative, agent, or agency of the 

foregoing. 

Plutonium processing and fuel 

fabrication plant means a plant in 

which the following operations or 

activities are conducted: 

(1) Operations for manufacture of 

reactor fuel containing plutonium, 

where the license or licenses authorize 

the possession of either five or more 

kilograms of plutonium, excluding that 

contained in sealed sources and welded 

or otherwise sealed unirradiated or 

irradiated fuel rods, at the site of the 

plant or authorize the processing of one 

or more kilograms of plutonium, 

excluding that contained in sealed 

sources and welded or otherwise sealed 

unirradiated or irradiated fuel rods, at 

the plant, including any of the following 

processes: 

(i) Preparation of fuel material; 

(ii) Formation of fuel material into 

desired shapes; 

(iii) Application of protective 

cladding; 

(iv) Recovery of scrap material; and 

(v) Storage associated with such 

operations; or 

(2) Research and development 

activities involving any of the 

operations described in paragraph (1) of 

this definition, except for research and 

development activities where the 

operator is licensed to possess or use 

plutonium in amounts less than those 

specified in paragraph (1). 

Source material means source 

material as defined in the regulations 

contained in part 40 of this chapter. 

Special nuclear material means: 

(1) Plutonium, uranium 233, uranium 

enriched in the isotope 233 or in the 

isotope 235, and any other material 

which the Commission, pursuant to the 

provisions of section 51 of the Act, 

determines to be special nuclear 

material, but does not include source 

material; or 

(2) Any material artificially enriched 

by any of the foregoing, but does not 

include source material. 

Testing reactor means a nuclear 

reactor which is of a type described in 

§ 50.21(c) of this chapter and for which 

an application has been filed for a 

license authorizing operation at: 

(1) A thermal power level in excess of 

10 megawatts; or 

(2) A thermal power level in excess of 

1 megawatt, if the reactor is to contain: 

(i) A circulating loop through the core 

in which the applicant proposes to 

conduct fuel experiments; or 

(ii) A liquid fuel loading; or 

(iii) An experimental facility in the 

core in excess of 16 square inches in 

cross-section. 

Uranium enrichment facility means: 

(1) Any facility used for separating the 

isotopes of uranium or enriching 

uranium in the isotope 235, except 

laboratory scale facilities designed or 

used for experimental or analytical 

purposes only; or 

(2) Any equipment or device, or 

important component part especially 

designed for such equipment or device, 

capable of separating the isotopes of 

uranium or enriching uranium in the 

isotope 235. 

§ 140.13a [Amended] 

■ 24. In § 140.13a(a), in the last 

sentence, add the word ‘‘specified’’ 

before ‘‘in § 140.15’’. 

§ 140.22 [Amended] 

■ 25. In § 140.22, remove the word 

‘‘Committee’’ and add in its place the 

word ‘‘Commission’’. 

Dated at Rockville, Maryland, this 22nd 

day of June 2018. 

For the Nuclear Regulatory Commission. 

Pamela J. Shepherd-Vladimir, 

Acting Chief, Regulatory Analysis and 

Rulemaking Support Branch, Office of 

Nuclear Material Safety and Safeguards. 

[FR Doc. 2018–13877 Filed 6–27–18; 8:45 am] 

BILLING CODE 7590–01–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Part 701 

RIN 3133–AE31 

Chartering and Field of Membership 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Final rule. 

SUMMARY: The NCUA Board (Board) is 

amending its chartering and field of 

membership rules with respect to 

applicants for a community charter 

approval, expansion or conversion. The 

Board will allow the option for an 

applicant to submit a narrative to 

establish the existence of a well-defined 

local community instead of limiting the 

applicant to a presumptive statistical 

community. Also, the Board will hold a 

public hearing for narrative applications 

where the proposed community exceeds 

a population of 2.5 million people. 

Further, for communities that are 

subdivided into metropolitan divisions, 

the Board will permit an applicant to 

designate a portion of the area as its 

community without regard to division 

boundaries. 

DATES: The final rule becomes effective 

September 1, 2018. 

FOR FURTHER INFORMATION CONTACT: For 

program issues: Martha Ninichuck, 

Director; JeanMarie Komyathy, Deputy 

Director; Robert Leonard, Assistant 

Director; or Rita Woods, Assistant 

Director, Office of Credit Union 

Resources and Expansion (CURE), at 

1775 Duke Street, Alexandria, VA 22314 

or telephone (703) 518–1140. For legal 

issues: Marvin Shaw, Staff Attorney, 

Office of General Counsel, at the above 

address or telephone (703) 518–6553. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Overview 

The NCUA’s Chartering and Field of 

Membership Manual, incorporated as 

Appendix B to part 701 of the NCUA 

regulations (‘‘Chartering Manual’’),1


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