[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Rules and Regulations]
[Pages 43397-43404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16662]


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NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

[NRC-2021-0113]
RIN 3150-AK65


Miscellaneous Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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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outdated reporting requirements; clarifying language; adding metric 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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#5612372138781039243233241638243578313920"><span class="__cf_email__" data-cfemail="5c183d2b32721a332e38392e1c322e3f723b332a">[email protected]</span></a>. For technical questions, contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the

[[Page 43398]]

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 <a href="/cdn-cgi/l/email-protection#1d6d796f336f786e72686f7e785d736f7e337a726b"><span class="__cf_email__" data-cfemail="86f6e2f4a8f4e3f5e9f3f4e5e3c6e8f4e5a8e1e9f0">[email protected]</span></a>.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#324256401c4057415d47405157725c40511c555d44"><span class="__cf_email__" data-cfemail="2c5c485e025e495f43595e4f496c425e4f024b435a">[email protected]</span></a> 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: 
<a href="/cdn-cgi/l/email-protection#b9fdd8ced797ffd6cbdddccbf9d7cbda97ded6cf"><span class="__cf_email__" data-cfemail="d195b0a6bfff97bea3b5b4a391bfa3b2ffb6bea7">[email protected]</span></a>.

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 Sec. Sec.  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 Sec. Sec.  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 Sec.  
20.2207(h) to remove an outdated reporting requirement.

10 CFR Part 32

    Insert Missing Language. This final rule amends Sec.  32.15(d) to 
insert missing introductory language.

10 CFR Part 35

    Correct Spelling. This final rule amends Sec.  35.50(c)(3) to 
correct a phrase from ``master material license'' to ``master material 
licensee.''
    Correct Agency Name. This final rule amends Sec.  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 Sec.  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 Sec.  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 Sec.  
50.34(b)(6)(i) to correct ``or'' to ``of.''
    Remove Outdated Reporting Requirements. This final rule revises 
Sec.  50.63(c)(1) introductory text and removes Sec. Sec.  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 Sec.  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 Sec.  55.31(b) 
to correct the spelling of ``futher'' to ``further.''

10 CFR Part 70

    Correct Typographical Error. This final rule amends Sec.  
70.22(g)(3) to correct the spelling of ``discription'' to 
``description.''
    Correct References. This final rule amends Sec.  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 Sec.  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 
Sec. Sec.  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., Sec.  73.6(b)).
    Correct Typographical Error. This final rule amends Sec.  73.6(b) 
to correct the capitalization of ``rad'' and ``gray.''
    Revise Mailing Address. This final rule amends Sec.  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 Sec. Sec.  110.2, 110.8, and 110.50(c)(3) introductory text to 
correct grammatical and typographical errors.
    Correct Agency Name. This final rule amends Sec.  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,

[[Page 43399]]

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 Sec.  51.22(c)(2), which categorically excludes from 
environmental review rules that are corrective or of a minor, nonpolicy 
nature and do not substantially modify existing regulations. Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this rule.

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 Sec.  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
----------------------------------------------------------------------------------------------------------------
                                                                                       Compatibility
           Section                   Change               Subject         --------------------------------------
                                                                                Existing              New
----------------------------------------------------------------------------------------------------------------
                                                     Part 20
----------------------------------------------------------------------------------------------------------------
Sec.   20.2207(h)............  Amend............  Reports of transactions  B                   B
                                                   involving nationally
                                                   tracked sources.
----------------------------------------------------------------------------------------------------------------

[[Page 43400]]

 
                                                     Part 32
----------------------------------------------------------------------------------------------------------------
Sec.   32.15(d) introductory   Amend............  Same: Quality            NRC                 NRC
 text.                                             assurance, prohibition
                                                   of transfer and
                                                   labeling.
----------------------------------------------------------------------------------------------------------------
                                                     Part 35
----------------------------------------------------------------------------------------------------------------
Sec.   35.50(c)(3)...........  Amend............  Training for Radiation   B                   B
                                                   Safety Officer and
                                                   Associate Radiation
                                                   Safety Officer.
Sec.   35.57(b)(2)...........  Amend............  Training for             B                   B
                                                   experienced Radiation
                                                   Safety Officer,
                                                   teletherapy or medical
                                                   physicist, authorized
                                                   medical physicist,
                                                   authorized user,
                                                   nuclear pharmacist,
                                                   and authorized nuclear
                                                   pharmacist.
Sec.   35.55(a)(1)...........  Amend............  Training for an          B                   B
                                                   authorized nuclear
                                                   pharmacist.
----------------------------------------------------------------------------------------------------------------
                                                     Part 37
----------------------------------------------------------------------------------------------------------------
Sec.   37.27(c)(1)...........  Amend............  Requirements for         B                   B
                                                   criminal history
                                                   records checks of
                                                   individuals granted
                                                   unescorted access to
                                                   category 1 or category
                                                   2 quantities of
                                                   radioactive material.
----------------------------------------------------------------------------------------------------------------
                                                     Part 70
----------------------------------------------------------------------------------------------------------------
Sec.   70.22(g)(3)...........  Amend............  Contents of application  NRC                 NRC
Sec.   70.32(a)(9)(i)(B).....  Amend............  Conditions of licenses.  H&S                 H&S
Sec.   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

[[Page 43401]]

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

0
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).


Sec.  2.911   [Amended]

0
2. In Sec.  2.911(a), remove the word ``preceeding'' and add in its 
place the word ``proceeding''.


Sec.  2.1023   [Amended]

0
3. In Sec.  2.1023(b) introductory text, remove the word 
``respository'' and add in its place the word ``repository''.


Sec.  2.1026   [Amended]

0
4. In Sec.  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

0
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.


Sec.  11.7  [Amended]

0
6. In Sec.  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''.


Sec.  11.15   [Amended]

0
7. In Sec.  11.15:
0
a. In paragraph (e) introductory text, remove ``Office of Personnel 
Management (OPM)'' and add in its place ``Defense Counterintelligence 
and Security Agency (DCSA)'';
0
b. In paragraph (e) introductory text and paragraphs (e)(1) through 
(3), wherever it appears, remove ``OPM'' and add in its place ``DCSA''; 
and
0
c. In paragraphs (e)(2) and (3), remove ``OPM's'' and add in its place 
``DCSA's''.

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

0
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.


Sec.  20.2207  [Amended]

0
9. In Sec.  20.2207, remove paragraph (h).

PART 25--ACCESS AUTHORIZATION

0
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.


Sec.  25.5   [Amended]

0
11. In Sec.  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''.


Sec.  25.17  [Amended]

0
12. In Sec.  25.17:
0
a. In paragraph (f) introductory text, remove ``Office of Personnel 
Management (OPM)'' and add in its place ``Defense Counterintelligence 
and Security Agency (DCSA)'';
0
b. In paragraph (f) introductory text and paragraphs (f)(1) and (2), 
wherever it appears, remove ``OPM'' and add in its place ``DCSA''; and
0
c. In paragraph (f)(2), remove ``OPM's'' and add in its place 
``DCSA's''.

0
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
------------------------------------------------------------------------
                                                       Plus the NRC's
                                                       processing fee
                                                       (rounded to the
                                Is the sum of the     nearest dollar),
                                  current DCSA        which is equal to
 The NRC application fee for      investigation           the DCSA
 an access authorization of   billing rate charged      investigation
         type . . .           for an investigation  billing rate for the
                                 of  type . . .            type of
                                                        investigation
                                                         referenced
                                                     multiplied by . . .
 
------------------------------------------------------------------------


[[Page 43402]]

PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER 
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

0
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.


0
15. In Sec.  32.15, add paragraph (d) introductory text to read as 
follows:


Sec.  32.15  Same: Quality assurance, prohibition of transfer, and 
labeling.

* * * * *
    (d) Each person licensed under Sec.  32.14 for products for which 
quality control procedures are required shall:
* * * * *

PART 35--MEDICAL USE OF BYPRODUCT MATERIAL

0
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.


Sec.  35.50  [Amended]

0
17. In Sec.  35.50(c)(3), remove the words ``master material license'' 
and add in their place the words ``master material licensee''.


Sec.  35.55   [Amended]

0
18. In Sec.  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)''.


Sec.  35.57  [Amended]

0
19. In Sec.  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

0
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.


Sec.  37.27   [Amended]

0
21. In Sec.  37.27(c)(1), remove ``T-8B20'' and add in its place ``T-
07D04M''.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
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.


Sec.  50.34  [Amended]

0
23. In Sec.  50.34(b)(6)(i), remove the word ``or'' and add in its 
place the word ``of''.

0
24. In Sec.  50.63, revise paragraph (c)(1) introductory text to read 
as follows and remove paragraph (c)(4).


Sec.  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.
* * * * *


Sec.  50.71   [Amended]

0
25. In Sec.  50.71, remove and reserve paragraph (e)(3)(ii).

Appendix E to 10 CFR Part 50 [Amended]

0
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

0
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.

0
28. In Sec.  52.98, revise paragraph (b) and paragraph (d) introductory 
text to read as follows:


Sec.  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., Sec.  50.54, 
Sec.  50.59, or Sec.  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--
* * * * *

0
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.

* * * * *

0
30. Amend appendix F to 10 CFR part 52 by:
0
a. In section III.D removing the words ``the NUREG,'';
0
b. Revising section V.A; and
0
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.

[[Page 43403]]

    B. [Reserved]
* * * * *

PART 55--OPERATORS' LICENSES

0
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.


Sec.  55.31   [Amended]

0
32. In Sec.  55.31(b), remove the word ``futher'' and add in its place 
the word ``further''.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
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.


Sec.  70.22  [Amended]

0
34. In Sec.  70.22(g)(3), remove the word ``discription'' and add in 
its place the word ``description''.


Sec.  70.32  [Amended]

0
35. In Sec.  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

0
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.


Sec.  72.218  [Amended]

0
37. In Sec.  72.218(a), remove the word ``thev'' and add in its place 
the word ``the''.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
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).


Sec.  73.1  [Amended]

0
39. In Sec.  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)''.


Sec.  73.6   [Amended]

0
40. In Sec.  73.6(b), remove ``Rad'' and add in its place ``rad'' and 
remove ``Gray'' and add in its place ``gray''.


Sec.  73.35   [Amended]

0
41. In Sec.  73.35, remove the phrase ``total external radiation dose 
rate'' and add in its place the phrase ``total external radiation 
level''.


Sec.  73.37  [Amended]

0
42. In Sec.  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)''.


Sec.  73.50  [Amended]

0
43. In Sec.  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)''.


Sec.  73.57  [Amended]

0
44. In Sec.  73.57(d), remove ``T-8B20'' and add in its place ``T-
07D04M''.


Sec.  73.60   [Amended]

0
45. In Sec.  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)''.


Sec.  73.67  [Amended]

0
46. In Sec.  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

0
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.


Sec.  95.5   [Amended]

0
48. In Sec.  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

0
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

[[Page 43404]]

note. Section 110.1(b) also issued under 22 U.S.C. 2403; 22 U.S.C. 
2778a; 50 App. U.S.C. 2401 et seq.


Sec.  110.2   [Amended]

0
50. In Sec.  110.2, in the definition for Special nuclear material, add 
a comma after ``uranium-233''.


Sec.  110.8  [Amended]

0
51. In Sec.  110.8(h), remove ``MWe'' and add in its place ``MW''.


Sec.  110.20  [Amended]

0
52. In Sec.  110.20(e), remove ``U.S. Customs Service's'' and add in 
its place ``U.S. Customs and Border Protection's''.


Sec.  110.50   [Amended]

0
53. In Sec.  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


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