Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 43397 

audited financial statements at least 

annually. 

(2) The intermediary must allow the 

Agency or its representative to review 

the operations and financial condition 

of the intermediary upon the Agency’s 

request. The intermediary and its agents 

must provide access to all pertinent 

information to allow the Agency, or any 

party authorized by the Agency, to 

conduct such reviews. The intermediary 

must submit financial or other 

information within 14 calendar days 

upon receipt of the Agency’s request, 

unless the data requested is not 

available within that time frame. Failure 

to supply the requested information to 

the satisfaction of the Agency will 

constitute non-monetary default. The 

Agency may conduct reviews, including 

on-site reviews, of the intermediary’s 

operations and the operations of any 

agent of the intermediary, for the 

purpose of verifying compliance with 

Agency regulations and guidelines. 

These reviews may include, but are not 

limited to, audits of case files; 

interviews with owners, managers, and 

staff; audits of collateral; and 

inspections of the intermediary’s and its 

agents underwriting, servicing, and 

liquidation guidelines. 

(g) Annual monitoring reports. Each 

intermediary will be monitored by the 

Agency through annual monitoring 

reports submitted by the intermediary. 

Annual monitoring reports must include 

a description of the use of loan funds, 

information regarding the acreage, the 

number of heirs both before and after 

loan was made, audit findings, 

disbursement transactions, and any 

other information required by the 

Agency, as necessary. 

(h) Unused loan funds. If any part of 

the HPRP loan has not been used in 

accordance with the intermediary’s 

relending plan within 3 years from the 

date of the HPRP loan agreement, the 

Agency may cancel the approval of any 

funds not delivered to the intermediary. 

The Agency may also direct the 

intermediary to return any funds 

delivered to the intermediary that have 

not been used by that intermediary in 

accordance with the intermediary’s 

relending plan. The Agency may, at its 

sole discretion, allow the intermediary 

additional time to use the HPRP loan 

funds. 

§ 769.165 Loan servicing. 

(a) Payments. The intermediary will 

make payments to the Agency as 

specified in the HPRP loan documents. 

All payments will be applied to interest 

first, any additional amount will be 

applied to principal. 

(b) Restructuring. The Agency may 

restructure the intermediary’s loan debt, 

if: 

(1) The loan objectives cannot be met 

unless the HPRP loan is restructured; 

(2) The Agency’s interest will be 

protected; and 

(3) The restructuring will be within 

the Agency’s budget authority. 

(c) Default. The Agency will work 

with the intermediary to correct any 

default, subject to the requirements of 

paragraph (b) of this section. In the 

event of monetary or non-monetary 

default, the Agency will take all 

appropriate actions to protect its 

interest, including, but not limited to, 

declaring the debt fully due and payable 

and may proceed to enforce its rights 

under the HPRP loan agreement, and 

any other loan instruments relating to 

the loan under applicable law and 

regulations, and commencement of legal 

action to protect the Agency’s interest. 

Violation of any agreement with the 

Agency or failure to comply with 

reporting or other HPRP requirements 

will be considered non-monetary 

default. 

§ 769.166 Transfers and assumptions. 

(a) All transfers and assumptions 

must be approved in advance by the 

Agency. The assuming entity must meet 

all eligibility criteria for HPRP. 

(b) Available transfer and assumption 

options to eligible intermediaries 

include: 

(1) The total indebtedness may be 

transferred to another eligible 

intermediary on the same rates and 

terms; or 

(2) The total indebtedness may be 

transferred to another eligible 

intermediary on different terms not to 

exceed the term for which an initial 

loan can be made. 

(c) The transferor must prepare the 

transfer document for the Agency’s 

review prior to the transfer and 

assumption. 

(d) The transferee must provide the 

Agency with information required in the 

application as specified in § 769.158. 

(e) The Agency’s approved form of the 

assumption agreement will formally 

authorize the transfer and assumption 

and will contain the Agency case 

number of the transferor and transferee. 

(f) When the transferee makes a cash 

down-payment in connection with the 

transfer and assumption, any proceeds 

received by the transferor will be 

credited on the transferor’s loan debt in 

order of maturity date. 

§ 769.167 Appeals. 

Any appealable adverse decision 

made by the Agency may be appealed 

upon written request of the 

intermediary as specified in 7 CFR part 

11. 

§ 769.168 Exceptions. 

The Agency may grant an exception to 

any of the requirements of this subpart 

if the proposed change is in the best 

financial interest of the Government and 

not inconsistent with the authorizing 

law or any other applicable law. 

Zach Ducheneaux, 

Administrator, Farm Service Agency. 

[FR Doc. 2021–16459 Filed 8–5–21; 8:45 am] 

BILLING CODE 3410–05–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Chapter I 

[NRC–2021–0113] 

RIN 3150–AK65 

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 

correcting mailing addresses, 

typographical errors, grammatical 

errors, references, spelling, agency 

names, and office titles; removing 

outdated reporting requirements; 

clarifying language; adding metric units; 

and inserting missing 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 8, 2021. 

ADDRESSES: Please refer to Docket ID 

NRC–2021–0113 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–2021–0113. 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 publiclyavailable documents online in the 


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43398 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 

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. 

• 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: 

Dawn Forder, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

3407; email: Dawn.Forder@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC is amending its regulations 

in parts 2, 11, 20, 25, 32, 35, 37, 50, 52, 

55, 70, 72, 73, 95, and 110 of title 10 of 

the Code of Federal Regulations (10 

CFR). The NRC is making these 

amendments to correct mailing 

addresses, typographical errors, 

grammatical errors, references, spelling, 

agency names, and office titles; remove 

outdated reporting requirements; clarify 

language; add metric units; and insert 

missing language. 

II. Summary of Changes 

10 CFR Part 2 

Correct Spelling. This final rule 

amends §§ 2.911(a), 2.1023(b) 

introductory text, 2.1026(b)(1), and 

2.1322(a) introductory text and 

appendix D to 10 CFR part 2 to correct 

the spelling of ‘‘preceeding’’ to 

‘‘proceeding,’’ ‘‘respository’’ to 

‘‘repository,’’ ‘‘unforseen’’ to 

‘‘unforeseen,’’ ‘‘he’’ to ‘‘the, and 

‘‘identifing’’ to ‘‘identifying’’. 

10 CFR Parts 11, 25, and 95 and 

Appendix A to 10 CFR Part 25 

Correct Office Title. This final rule 

amends §§ 11.7, 11.15(e), 25.5, 25.17, 

and 95.5 and appendix A to 10 CFR part 

25 to correct the office title from ‘‘Office 

of Personnel Management’’ in all its 

forms to ‘‘Defense Counterintelligence 

and Security Agency.’’ 

10 CFR Part 20 

Remove Outdated Reporting 

Requirement. This final rule amends 

§ 20.2207(h) to remove an outdated 

reporting requirement. 

10 CFR Part 32 

Insert Missing Language. This final 

rule amends § 32.15(d) to insert missing 

introductory language. 

10 CFR Part 35 

Correct Spelling. This final rule 

amends § 35.50(c)(3) to correct a phrase 

from ‘‘master material license’’ to 

‘‘master material licensee.’’ 

Correct Agency Name. This final rule 

amends § 35.55(a)(1) to correct the title 

‘‘American Council on Pharmaceutical 

Education (ACPE)’’ to ‘‘Accreditation 

Council for Pharmacy Education (ACPE) 

(previously named the American 

Council on Pharmaceutical Education).’’ 

Correct Phrase. This final rule amends 

§ 35.57(b)(2) to correct the phrase ‘‘or a 

permit issued by a Commission master 

material license of broad scope on or 

before October 25, 2005,’’ to ‘‘or a 

permit issued in accordance with a 

Commission master material broad 

scope license on or before October 25, 

2005,’’. 

10 CFR Part 37 

Correct Mailing Address. This final 

rule amends § 37.27(c)(1) to revise the 

mail stop for the submission of the 

fingerprinting cards for background 

checks. 

10 CFR Part 50 

Correct Typographical Error. This 

final rule amends § 50.34(b)(6)(i) to 

correct ‘‘or’’ to ‘‘of.’’ 

Remove Outdated Reporting 

Requirements. This final rule revises 

§ 50.63(c)(1) introductory text and 

removes §§ 50.63(c)(4) and 

50.71(e)(3)(ii) to remove outdated 

reporting requirements. It also amends 

sections IV.D.4 and VI.4 in appendix E 

to 10 CFR part 50 to remove outdated 

reporting requirements. 

10 CFR Part 52 

Clarify Language. This final rule 

amends § 52.98(b) and (d) introductory 

text to clarify duplicative language. It 

also amends section V.B.1 in appendix 

E to 10 CFR part 52 to remove the title 

of the section containing the exempted 

requirement and replace it with a short 

description. It also amends section III.D 

in appendix F to 10 CFR part 52 by 

removing the words ‘‘the NUREG,’’ and 

revises section V.A and removes and 

reserves section V.B to remove an 

exempted requirement. 

10 CFR Part 55 

Correct Typographical Error. This 

final rule amends § 55.31(b) to correct 

the spelling of ‘‘futher’’ to ‘‘further.’’ 

10 CFR Part 70 

Correct Typographical Error. This 

final rule amends § 70.22(g)(3) to correct 

the spelling of ‘‘discription’’ to 

‘‘description.’’ 

Correct References. This final rule 

amends § 70.32(a)(9)(i)(B) and (C) to 

update references to the United States 

Code. 

10 CFR Part 72 

Correct Spelling. This final rule 

amends § 72.218(a), to correct the 

spelling of ‘‘thev’’ to ‘‘the.’’ 

10 CFR Part 73 

Add Metric Units and Correct Phrase. 

This final rule amends §§ 73.1(b)(5), 

73.35, 73.37(a)(1), 73.50 introductory 

text, 73.60 introductory text, and 

73.67(b)(1)(i) to make non-substantive 

changes to correct the terminology and 

units to ensure consistency with the 

performance objectives of the 

regulations, apply metric standards, and 

conform with existing NRC regulations 

(i.e., § 73.6(b)). 

Correct Typographical Error. This 

final rule amends § 73.6(b) to correct the 

capitalization of ‘‘rad’’ and ‘‘gray.’’ 

Revise Mailing Address. This final 

rule amends § 73.57(d) to revise the mail 

stop for the submission of the 

fingerprint cards for background checks. 

10 CFR Part 110 

Correct Grammatical and 

Typographical Errors. This final rule 

amends §§ 110.2, 110.8, and 110.50(c)(3) 

introductory text to correct grammatical 

and typographical errors. 

Correct Agency Name. This final rule 

amends § 110.20 to correct the name of 

a Federal agency. 

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 

correct mailing addresses, typographical 

errors, grammatical errors, references, 


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spelling, agency names, and office titles; 

remove outdated reporting 

requirements; clarify language; add 

metric units; and insert missing 

language. The Commission is exercising 

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

publish these amendments as a final 

rule. The amendments are effective 

September 8, 2021. 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 § 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. 

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 31885). 

VII. 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.’’ It also would not constitute 

forward fitting as that term is defined 

and described in MD 8.4 or affect the 

issue finality of any approval issued 

under 10 CFR part 52. The amendments 

are non-substantive in nature, including 

correcting mailing addresses, 

typographical errors, grammatical 

errors, references, spelling, agency 

names, and office titles; removing 

outdated reporting requirements; 

clarifying language; adding metric units; 

and inserting missing 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. 

VIII. Congressional Review Act 

This final rule is not a rule as defined 

in the Congressional Review Act (5 

U.S.C. 801–808). 

IX. Agreement State Compatibility 

Under the ‘‘Agreement State Program 

Policy Statement’’ approved by the 

Commission on October 2, 2017, and 

published in the Federal Register on 

October 18, 2017 (82 FR 48535), NRC 

program elements (including 

regulations) are placed into 

compatibility categories A, B, C, D, 

NRC, or adequacy category Health and 

Safety (H&S). Compatibility Category A 

program elements are those program 

elements that are basic radiation 

protection standards and scientific 

terms and definitions that are necessary 

to understand radiation protection 

concepts. An Agreement State should 

adopt Category A program elements in 

an essentially identical manner in order 

to provide uniformity in the regulation 

of agreement material on a nationwide 

basis. Compatibility Category B program 

elements are those program elements 

that apply to activities that have direct 

and significant effects in multiple 

jurisdictions. An Agreement State 

should adopt Category B program 

elements in an essentially identical 

manner. Compatibility Category C 

program elements are those program 

elements that do not meet the criteria of 

Category A or B, but contain the 

essential objectives that an Agreement 

State should adopt to avoid conflict, 

duplication, gaps, or other conditions 

that would jeopardize an orderly pattern 

in the regulation of agreement material 

on a national basis. An Agreement State 

should adopt the essential objectives of 

the Category C program elements. 

Compatibility Category D program 

elements are those program elements 

that do not meet any of the criteria of 

Category A, B, or C and, therefore, do 

not need to be adopted by Agreement 

States for purposes of compatibility. 

Compatibility Category NRC program 

elements are those program elements 

that address areas of regulation that 

cannot be relinquished to the 

Agreement States under the Atomic 

Energy Act of 1954, as amended, or 

provisions of 10 CFR. These program 

elements should not be adopted by the 

Agreement States. Adequacy category 

H&S program elements are program 

elements that are required because of a 

particular health and safety role in the 

regulation of agreement material within 

the State and should be adopted in a 

manner that embodies the essential 

objectives of the NRC program. 

The portions of this final rule that 

amend 10 CFR parts 32, 37, and 70 are 

a matter of compatibility between the 

NRC and the Agreement States, thereby 

providing consistency among 

Agreement State and NRC requirements, 

and are listed in the following table. The 

changes to 10 CFR parts 2, 11, 25, 50, 

52, 55, 72, 73, 95, and 110 and appendix 

A to 10 CFR part 25, appendix E to 10 

CFR part 50, and appendices E and F to 

10 CFR part 52 categories are not subject 

to Agreement State jurisdiction and 

consequently are not required for 

compatibility. 

COMPATIBILITY TABLE

Section Change Subject 

Compatibility 

Existing New 

Part 20 

§ 20.2207(h) ............... Amend ...... Reports of transactions involving nationally tracked sources ......................... B B 


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COMPATIBILITY TABLE—Continued 

Section Change Subject 

Compatibility 

Existing New 

Part 32 

§ 32.15(d) introductory 

text.

Amend ...... Same: Quality assurance, prohibition of transfer and labeling ....................... NRC NRC 

Part 35 

§ 35.50(c)(3) ............... Amend ...... Training for Radiation Safety Officer and Associate Radiation Safety Officer B B 

§ 35.57(b)(2) ............... Amend ...... Training for experienced Radiation Safety Officer, teletherapy or medical 

physicist, authorized medical physicist, authorized user, nuclear pharmacist, and authorized nuclear pharmacist.

B B 

§ 35.55(a)(1) ............... Amend ...... Training for an authorized nuclear pharmacist ............................................... B B 

Part 37 

§ 37.27(c)(1) ............... Amend ...... Requirements for criminal history records checks of individuals granted 

unescorted access to category 1 or category 2 quantities of radioactive 

material.

B B 

Part 70 

§ 70.22(g)(3) ............... Amend ...... Contents of application .................................................................................... NRC NRC 

§ 70.32(a)(9)(i)(B) ....... Amend ...... Conditions of licenses ..................................................................................... H&S H&S 

§ 70.32(a)(9)(i)(C) ...... Amend ...... Conditions of licenses ..................................................................................... H&S H&S 

List of Subjects 

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 11 

Hazardous materials transportation, 

Investigations, Nuclear energy, Nuclear 

materials, Penalties, Reporting and 

recordkeeping requirements, Security 

measures, Special nuclear material. 

10 CFR Part 20 

Byproduct material, Criminal 

penalties, Hazardous waste, Licensed 

material, Nuclear energy, Nuclear 

materials, Nuclear power plants and 

reactors, Occupational safety and 

health, Packaging and containers, 

Penalties, Radiation protection, 

Reporting and recordkeeping 

requirements, Source material, Special 

nuclear material, Waste treatment and 

disposal. 

10 CFR Part 25 

Classified information, Criminal 

penalties, Investigations, Penalties, 

Reporting and recordkeeping 

requirements, Security measures. 

10 CFR Part 32 

Byproduct material, Criminal 

penalties, Labeling, Nuclear energy, 

Nuclear materials, Radiation protection, 

Reporting and recordkeeping 

requirements. 

10 CFR Part 35 

Biologics, Byproduct material, 

Criminal penalties, Drugs, Health 

facilities, Health professions, Labeling, 

Medical devices, Nuclear energy, 

Nuclear materials, Occupational safety 

and health, Penalties, Radiation 

protection, Reporting and recordkeeping 

requirements. 

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, Backfitting, 

Classified information, Criminal 

penalties, Education, Emergency 

planning, Fire prevention, Fire 

protection, Incorporation by reference, 

Intergovernmental relations, Nuclear 

power plants and reactors, Penalties, 

Radiation protection, Reactor siting 

criteria, Reporting and recordkeeping 

requirements, Whistleblowing. 

10 CFR Part 52 

Administrative practice and 

procedure, Antitrust, Combined license, 

Early site permit, Emergency planning, 

Fees, Incorporation by reference, 

Inspection, Issue finality, Limited work 

authorization, Nuclear power plants and 

reactors, Probabilistic risk assessment, 

Prototype, Reactor siting criteria, 

Redress of site, Penalties, Reporting and 

recordkeeping requirements, Standard 

design, Standard design certification. 

10 CFR Part 55 

Criminal penalties, Manpower 

training programs, Nuclear power plants 

and reactors, Penalties, Reporting and 

recordkeeping requirements. 

10 CFR Part 70 

Classified information, Criminal 

penalties, Emergency medical services, 

Hazardous materials transportation, 

Material control and accounting, 

Nuclear energy, Nuclear materials, 

Packaging and containers, Penalties, 

Radiation protection, Reporting and 

recordkeeping requirements, Scientific 

equipment, Security measures, Special 

nuclear material, Whistleblowing. 

10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Indians, 

Intergovernmental relations, Nuclear 

energy, Penalties, Radiation protection, 

Reporting and recordkeeping 


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requirements, Security measures, Spent 

fuel, Whistleblowing. 

10 CFR Part 73 

Criminal penalties, Exports, 

Hazardous materials transportation, 

Incorporation by reference, Imports, 

Nuclear energy, Nuclear materials, 

Nuclear power plants and reactors, 

Penalties, Reporting and recordkeeping 

requirements, Security measures. 

10 CFR Part 95 

Nuclear power plants and reactors, 

Radiation protection, Reactor siting 

criteria, Reporting and recordkeeping 

requirements. 

10 CFR Part 110 

Administrative practice and 

procedure, Classified information, 

Criminal penalties, Exports, 

Incorporation by reference, 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 Chapter I: 

PART 2—AGENCY RULES OF 

PRACTICE AND PROCEDURE 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 

161, 181, 182, 183, 184, 186, 189, 191, 234 

(42 U.S.C. 2039, 2073, 2092, 2093, 2111, 

2132, 2133, 2134, 2135, 2201, 2231, 2232, 

2233, 2234, 2236, 2239, 2241, 2282); Energy 

Reorganization Act of 1974, secs. 201, 206 

(42 U.S.C. 5841, 5846); Nuclear Waste Policy 

Act of 1982, secs. 114(f), 134, 135, 141 (42 

U.S.C. 10134(f), 10154, 10155, 10161); 

Administrative Procedure Act (5 U.S.C. 552, 

553, 554, 557, 558); National Environmental 

Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 

3504 note. 

Section 2.205(j) also issued under 28 

U.S.C. 2461 note. 

Section 2.205(j) also issued under Sec. 

31001(s), Pub. L. 104–134, 110 Stat. 1321– 

373 (28 U.S.C. 2461 note). 

§ 2.911 [Amended] 

■ 2. In § 2.911(a), remove the word 

‘‘preceeding’’ and add in its place the 

word ‘‘proceeding’’. 

§ 2.1023 [Amended] 

■ 3. In § 2.1023(b) introductory text, 

remove the word ‘‘respository’’ and add 

in its place the word ‘‘repository’’. 

§ 2.1026 [Amended] 

■ 4. In § 2.1026(b)(1), remove the word 

‘‘unforseen’’ and add in its place the 

word ‘‘unforeseen’’. 

PART 11—CRITERIA AND 

PROCEDURES FOR DETERMINING 

ELIGIBILITY FOR ACCESS TO OR 

CONTROL OVER SPECIAL NUCLEAR 

MATERIAL 

■ 5. The authority citation for part 11 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 161, 223 (42 U.S.C. 2201, 2273); Energy 

Reorganization Act of 1974, sec. 201 (42 

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

11.15(e) also issued under 31 U.S.C. 9701; 42 

U.S.C. 2214. 

§ 11.7 [Amended] 

■ 6. In § 11.7, in the definition for NRC- 

‘‘U’’ special nuclear material access 

authorization, remove ‘‘Office of 

Personnel Management’’ and add in its 

place ‘‘Defense Counterintelligence and 

Security Agency’’. 

§ 11.15 [Amended] 

■ 7. In § 11.15: 

■ a. In paragraph (e) introductory text, 

remove ‘‘Office of Personnel 

Management (OPM)’’ and add in its 

place ‘‘Defense Counterintelligence and 

Security Agency (DCSA)’’; 

■ b. In paragraph (e) introductory text 

and paragraphs (e)(1) through (3), 

wherever it appears, remove ‘‘OPM’’ 

and add in its place ‘‘DCSA’’; and 

■ c. In paragraphs (e)(2) and (3), remove 

‘‘OPM’s’’ and add in its place ‘‘DCSA’s’’. 

PART 20—STANDARDS FOR 

PROTECTION AGAINST RADIATION 

■ 8. The authority citation for part 20 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 11, 53, 63, 65, 81, 103, 104, 161, 170H, 

182, 186, 223, 234, 274, 1701 (42 U.S.C. 2014, 

2073, 2093, 2095, 2111, 2133, 2134, 2201, 

2210h, 2232, 2236, 2273, 2282, 2021, 2297f); 

Energy Reorganization Act of 1974, secs. 201, 

202 (42 U.S.C. 5841, 5842); Low-Level 

Radioactive Waste Policy Amendments Act 

of 1985, sec. 2 (42 U.S.C. 2021b); 44 U.S.C. 

3504 note. 

§ 20.2207 [Amended] 

■ 9. In § 20.2207, remove paragraph (h). 

PART 25—ACCESS AUTHORIZATION 

■ 10. The authority citation for part 25 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 145, 161, 223, 234 (42 U.S.C. 2165, 

2201, 2273, 2282); Energy Reorganization Act 

of 1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 

3504 note; E.O. 10865, 25 FR 1583, as 

amended, 3 CFR, 1959–1963 Comp., p. 398; 

E.O. 12829, 58 FR 3479, 3 CFR, 1993 Comp., 

p. 570; E.O. 13526, 75 FR 707, 3 CFR, 2009 

Comp., p. 298; E.O. 12968, 60 FR 40245, 3 

CFR, 1995 Comp., p. 391. Section 25.17(f) 

and Appendix A also issued under 31 U.S.C. 

9701; 42 U.S.C. 2214. 

§ 25.5 [Amended] 

■ 11. In § 25.5, in the definitions for ‘‘L’’ 

access authorization and ‘‘Q’’ access 

authorization, remove ‘‘Office of 

Personnel Management’’ and add in its 

place ‘‘Defense Counterintelligence and 

Security Agency’’. 

§ 25.17 [Amended] 

■ 12. In § 25.17: 

■ a. In paragraph (f) introductory text, 

remove ‘‘Office of Personnel 

Management (OPM)’’ and add in its 

place ‘‘Defense Counterintelligence and 

Security Agency (DCSA)’’; 

■ b. In paragraph (f) introductory text 

and paragraphs (f)(1) and (2), wherever 

it appears, remove ‘‘OPM’’ and add in 

its place ‘‘DCSA’’; and 

■ c. In paragraph (f)(2), remove 

‘‘OPM’s’’ and add in its place ‘‘DCSA’s’’. 

■ 13. In appendix A to 10 CFR part 25, 

revise the table headings to read as 

follows: 

APPENDIX A TO PART 25—FEES FOR NRC ACCESS AUTHORIZATION

The NRC application fee for an access 

authorization of type . . . 

Is the sum of the current DCSA investigation 

billing rate charged for an investigation of 

type . . . 

Plus the NRC’s processing fee (rounded to 

the nearest dollar), which is equal to the 

DCSA investigation billing rate for the type of 

investigation referenced multiplied by . . . 

.


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43402 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 

PART 32—SPECIFIC DOMESTIC 

LICENSES TO MANUFACTURE OR 

TRANSFER CERTAIN ITEMS 

CONTAINING BYPRODUCT MATERIAL 

■ 14. The authority citation for part 32 

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, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 

3504 note. 

■ 15. In § 32.15, add paragraph (d) 

introductory text to read as follows: 

§ 32.15 Same: Quality assurance, 

prohibition of transfer, and labeling. 

* * * * * 

(d) Each person licensed under 

§ 32.14 for products for which quality 

control procedures are required shall: 

* * * * * 

PART 35—MEDICAL USE OF 

BYPRODUCT MATERIAL 

■ 16. The authority citation for part 35 

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. 

§ 35.50 [Amended] 

■ 17. In § 35.50(c)(3), remove the words 

‘‘master material license’’ and add in 

their place the words ‘‘master material 

licensee’’. 

§ 35.55 [Amended] 

■ 18. In § 35.55(a)(1), remove the title 

‘‘American Council on Pharmaceutical 

Education (ACPE)’’ and add in its place 

the title ‘‘Accreditation Council for 

Pharmacy Education (ACPE) (previously 

named the American Council on 

Pharmaceutical Education)’’. 

§ 35.57 [Amended] 

■ 19. In § 35.57(b)(2), remove the phrase 

‘‘or a permit issued by a Commission 

master material license of broad scope 

on or before October 25, 2005,’’ and add 

in its place the phrase ‘‘or a permit 

issued in accordance with a 

Commission master material broad 

scope license on or before October 25, 

2005,’’. 

PART 37—PHYSICAL PROTECTION OF 

CATEGORY 1 AND CATEGORY 2 

QUANTITIES OF RADIOACTIVE 

MATERIAL 

■ 20. 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. 

§ 37.27 [Amended] 

■ 21. In § 37.27(c)(1), remove ‘‘T–8B20’’ 

and add in its place ‘‘T–07D04M’’. 

PART 50—DOMESTIC LICENSING OF 

PRODUCTION AND UTILIZATION 

FACILITIES 

■ 22. 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. 

§ 50.34 [Amended] 

■ 23. In § 50.34(b)(6)(i), remove the 

word ‘‘or’’ and add in its place the word 

‘‘of’’. 

■ 24. In § 50.63, revise paragraph (c)(1) 

introductory text to read as follows and 

remove paragraph (c)(4). 

§ 50.63 Loss of all alternating current 

power. 

* * * * * 

(c) * * * 

(1) Information Submittal. For each 

light-water-cooled nuclear power plant 

operating license application submitted 

after September 27, 2007, the applicant 

shall submit the information defined 

below in its final safety analysis report. 

* * * * * 

§ 50.71 [Amended] 

■ 25. In § 50.71, remove and reserve 

paragraph (e)(3)(ii). 

Appendix E to 10 CFR Part 50 

[Amended] 

■ 26. In appendix E to 10 CFR part 50, 

remove sections IV.D.4 and VI.4. 

PART 52—LICENSES, 

CERTIFICATIONS, AND APPROVALS 

FOR NUCLEAR POWER PLANTS 

■ 27. 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. 

■ 28. In § 52.98, revise paragraph (b) and 

paragraph (d) introductory text to read 

as follows: 

§ 52.98 Finality of combined licenses; 

information requests. 

* * * * * 

(b) If the combined license does not 

reference a design certification or a 

reactor manufactured under a 

manufacturing license issued under 

subpart F of this part, then a licensee 

may make changes in the facility as 

described in the final safety analysis 

report (as updated), make changes in the 

procedures as described in the final 

safety analysis report (as updated), and 

conduct tests or experiments not 

described in the final safety analysis 

report (as updated) under the applicable 

change processes in 10 CFR part 50 (e.g., 

§ 50.54, § 50.59, or § 50.90 of this 

chapter). 

* * * * * 

(d) If the combined license references 

a reactor manufactured under a 

manufacturing license issued under 

subpart F of this part, then— 

* * * * * 

■ 29. In appendix E to 10 CFR part 52, 

revise section V.B.1 to read as follows: 

Appendix E to Part 52—Design 

Certification Rule for the ESBWR 

Design 

* * * * * 

V. * * * 

B. * * * 

1. Paragraph (f)(2)(iv) of 10 CFR 50.34— 

Separate Plant Safety Parameter Display 

Console. 

* * * * * 

■ 30. Amend appendix F to 10 CFR part 

52 by: 

■ a. In section III.D removing the words 

‘‘the NUREG,’’; 

■ b. Revising section V.A; and 

■ c. Removing and reserving section 

V.B. 

The revision reads as follows: 

Appendix F to Part 52—Design 

Certification Rule for the APR1400 

Design 

* * * * * 

V. * * * 

A. The regulations that apply to the 

APR1400 design are in 10 CFR parts 20, 

50, 52, 73, and 100, codified as of 

September 19, 2019, that are applicable 

and technically relevant, as described in 

the final safety evaluation report. 


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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 43403 

B. [Reserved] 

* * * * * 

PART 55—OPERATORS’ LICENSES 

■ 31. The authority citation for part 55 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 107, 161, 181, 182, 183, 186, 187, 223, 

234 (42 U.S.C. 2137, 2201, 2231, 2232, 2233, 

2236, 2237, 2273, 2282); Energy 

Reorganization Act of 1974, secs. 201, 202 

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

Act of 1982, sec. 306 (42 U.S.C. 10226); 44 

U.S.C. 3504 note. 

§ 55.31 [Amended] 

■ 32. In § 55.31(b), remove the word 

‘‘futher’’ and add in its place the word 

‘‘further’’. 

PART 70—DOMESTIC LICENSING OF 

SPECIAL NUCLEAR MATERIAL 

■ 33. The authority citation for part 70 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 51, 53, 57(d), 108, 122, 161, 182, 183, 

184, 186, 187, 193, 223, 234, 274, 1701 (42 

U.S.C. 2071, 2073, 2077(d), 2138, 2152, 2201, 

2232, 2233, 2234, 2236, 2237, 2243, 2273, 

2282, 2021, 2297f); Energy Reorganization 

Act of 1974, secs. 201, 202, 206, 211 (42 

U.S.C. 5841, 5842, 5846, 5851); Nuclear 

Waste Policy Act of 1982, secs. 135, 141 (42 

U.S.C. 10155, 10161); 44 U.S.C. 3504 note. 

§ 70.22 [Amended] 

■ 34. In § 70.22(g)(3), remove the word 

‘‘discription’’ and add in its place the 

word ‘‘description’’. 

§ 70.32 [Amended] 

■ 35. In § 70.32, amend paragraph 

(a)(9)(i)(B) by removing ‘‘11 U.S.C. 

101(14)’’ and adding in its place ‘‘11 

U.S.C. 101(15)’’, and amend paragraph 

(a)(9)(i)(C) by removing ‘‘11 U.S.C. 

101(a)’’ and adding in its place ‘‘11 

U.S.C. 101(2)’’. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH–LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR–RELATED GREATER THAN 

CLASS C WASTE 

■ 36. 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. 

§ 72.218 [Amended] 

■ 37. In § 72.218(a), remove the word 

‘‘thev’’ and add in its place the word 

‘‘the’’. 

PART 73—PHYSICAL PROTECTION OF 

PLANTS AND MATERIALS 

■ 38. 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). 

§ 73.1 [Amended] 

■ 39. In § 73.1(b)(5), remove the phrase 

‘‘total radiation dose in excess of 100 

rems per hour at a distance of 3 feet’’ 

and add in its place the phrase ‘‘total 

external radiation level in excess of 1 

gray (100 rad) per hour at a distance of 

1 meter (3.3 feet)’’. 

§ 73.6 [Amended] 

■ 40. In § 73.6(b), remove ‘‘Rad’’ and 

add in its place ‘‘rad’’ and remove 

‘‘Gray’’ and add in its place ‘‘gray’’. 

§ 73.35 [Amended] 

■ 41. In § 73.35, remove the phrase 

‘‘total external radiation dose rate’’ and 

add in its place the phrase ‘‘total 

external radiation level’’. 

§ 73.37 [Amended] 

■ 42. In § 73.37(a)(1), remove the phrase 

‘‘total external radiation dose rate in 

excess of 1 Gy (100 rad) per hour at a 

distance of 1 meter (3.3 feet)’’ and add 

in its place the phrase ‘‘total external 

radiation level in excess of 1 gray (100 

rad) per hour at a distance of 1 meter 

(3.3 feet)’’. 

§ 73.50 [Amended] 

■ 43. In § 73.50 introductory text, 

remove the phrase ‘‘total external 

radiation dose rates in excess of 100 

rems per hour at a distance of 3 feet’’ 

and add in its place the phrase ‘‘a total 

external radiation level in excess of 1 

gray (100 rad) per hour at a distance of 

1 meter (3.3 feet)’’. 

§ 73.57 [Amended] 

■ 44. In § 73.57(d), remove ‘‘T–8B20’’ 

and add in its place ‘‘T–07D04M’’. 

§ 73.60 [Amended] 

■ 45. In § 73.60 introductory text, 

remove the phrase ‘‘a total external 

radiation dose rate in excess of 100 rems 

per hour at a distance of 3 feet’’ and add 

in its place the phrase ‘‘a total external 

radiation level in excess of 1 gray (100 

rad) per hour at a distance of 1 meter 

(3.3 feet)’’. 

§ 73.67 [Amended] 

■ 46. In § 73.67(b)(1)(i), remove the 

phrase ‘‘a total external radiation dose 

rate in excess of 100 rems per hour at 

a distance of 3 feet’’ and add in its place 

the phrase ‘‘a total external radiation 

level in excess of 1 gray (100 rad) per 

hour at a distance of 1 meter (3.3 feet)’’. 

PART 95—FACILITY SECURITY 

CLEARANCE AND SAFEGUARDING 

OF NATIONAL SECURITY 

INFORMATION AND RESTRICTED 

DATE 

■ 47. The authority citation for part 95 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 145, 161, 223, 234 (42 U.S.C. 2165, 

2201, 2273, 2282); Energy Reorganization Act 

of 1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 

3504 note; E.O. 10865, as amended, 25 FR 

1583, 3 CFR, 1959–1963 Comp., p. 398; E.O. 

12829, 58 FR 3479, 3 CFR, 1993 Comp., p. 

570; E.O. 12968, 60 FR 40245, 3 CFR, 1995 

Comp., p. 391; E.O. 13526, 75 FR 707, 3 CFR, 

2009 Comp., p. 298. 

§ 95.5 [Amended] 

■ 48. In § 95.5, in the definitions for 

NRC ‘‘L’’ access authorization and NRC 

‘‘Q’’ access authorization, remove 

‘‘Office of Personnel Management’’ and 

add in its place ‘‘Defense 

Counterintelligence and Security 

Agency’’. 

PART 110—EXPORT AND IMPORT OF 

NUCLEAR EQUIPMENT AND 

MATERIAL 

■ 49. 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 


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43404 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 

1The MMEL items can be found in the applicable 

FAA-approved MMEL, which can be found on the 

Flight Standards Information Management System 

(FSIMS) website, https://fsims.faa.gov/ 

PICResults.aspx?mode=Publication&

doctype=MMELByModel. 

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. 

§ 110.2 [Amended] 

■ 50. In § 110.2, in the definition for 

Special nuclear material, add a comma 

after ‘‘uranium-233’’. 

§ 110.8 [Amended] 

■ 51. In § 110.8(h), remove ‘‘MWe’’ and 

add in its place ‘‘MW’’. 

§ 110.20 [Amended] 

■ 52. In § 110.20(e), remove ‘‘U.S. 

Customs Service’s’’ and add in its place 

‘‘U.S. Customs and Border Protection’s’’. 

§ 110.50 [Amended] 

■ 53. In § 110.50(c)(3) introductory text, 

remove the word ‘‘stationary’’ and add 

in its place the word ‘‘stationery’’. 

Dated: July 30, 2021. 

Angella M. Love Blair, 

Acting Chief, Regulatory Analysis and 

Rulemaking Support Branch, Division of 

Rulemaking, Environmental, and Financial 

Support, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. 2021–16662 Filed 8–6–21; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0614; Project 

Identifier AD–2021–00831–T; Amendment 

39–21677; AD 2021–16–15] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all The 

Boeing Company Model 737–8, 737–9, 

and 737–8200 (737 MAX) airplanes; and 

certain Model 737–800 and 737–900ER 

series airplanes. This AD was prompted 

by the determination that the aft cargo 

compartment fire suppression capability 

is reduced if the airplane is dispatched 

or released with failed electronic flow 

control of air conditioning packs, as is 

currently allowed by these airplane 

models’ master minimum equipment 

lists (MMELs). This AD prohibits the 

carriage of cargo in the aft cargo 

compartment when the airplane is 

dispatched or released with failed 

electronic flow control of air 

conditioning packs. The FAA is issuing 

this AD to address the unsafe condition 

on these products. 

DATES: This AD is effective August 9, 

2021. 

The FAA must receive comments on 

this AD by September 23, 2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0614; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: Sam 

Nalbandian, Aerospace Engineer, Cabin 

Safety and Environmental Systems 

Section, FAA, Seattle ACO Branch, 2200 

South 216th St., Des Moines, WA 98198; 

phone and fax: 206–231–3993; email: 

Samuel.K.Nalbandian@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA was notified by Boeing in 

March 2021 of a potential concern that 

the aft cargo compartment fire 

suppression capability is reduced on 

affected airplanes if the airplane is 

dispatched or released with failed 

electronic flow control of air 

conditioning packs, as is currently 

allowed by the existing FAA-approved 

MMEL of the affected airplane models. 

This MMEL allowance can result in the 

inability to contain a fire in the aft cargo 

compartment due to increased air 

leakage that degrades the fire 

suppression performance. A failed 

electronic flow control of air 

conditioning packs would significantly 

increase the pack airflow and cargo 

compartment air leakage. In April 2021, 

Boeing advised the FAA that such 

increased leakage could result in 

insufficient concentration of Halon fire 

suppressant in the aft cargo 

compartment, which can result in the 

inability to contain a fire for the time 

necessary to divert to a suitable airport. 

The FAA is issuing this AD to address 

failed electronic flow control of air 

conditioning packs, which can result in 

an uncontained aft cargo compartment 

fire due to insufficient cargo fire 

suppression capability. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

FAA’s Determination 

The FAA is issuing this AD because 

the agency has determined the unsafe 

condition described previously is likely 

to exist or develop in other products of 

the same type design. 

AD Requirements 

This AD prohibits dispatch or release 

of an airplane with cargo in the aft cargo 

compartment with failed electronic flow 

control of air conditioning packs. The 

AD specifically allows non-combustible 

and/or non-flammable empty cargo 

handling equipment, ballast, and/or flyaway kits in the aft cargo compartment. 

MMEL Revisions 

This AD refers to items in ATA 

System No. 21, Air Conditioning, of 

Boeing 737 (B–737–100/200/300/400/ 

500/600/700/800/900/900ER) MMEL, 

Revision 61, dated July 8, 2020; and 

Boeing 737 MAX (B–737–8/–8200/–9) 

MMEL, Revision 3, dated April 12, 

2021; 1 those items may also be included 

in an operator’s FAA-approved 

minimum equipment list (MEL). This 

AD prohibits dispatch or release of the 

airplane under conditions currently 

allowed by those items in the MMEL. 

The FAA plans to revise the MMELs to 

modify those items; operators would 

then be required to also revise their 

applicable existing FAA-approved MEL 

accordingly. 

Justification for Immediate Adoption 

and Determination of the Effective Date 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 551 et seq.) authorizes agencies 

to dispense with notice and comment 

procedures for rules when the agency, 

for ‘‘good cause,’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 


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