Miscellaneous Corrections, 43397-43404 [2021-16662]
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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.
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(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
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43397
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
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
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
SUMMARY:
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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’’.
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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.
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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.’’
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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
Compatibility
Section
Change
Subject
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Existing
New
I
Part 20
§ 20.2207(h) ...............
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Amend ......
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Reports of transactions involving nationally tracked sources .........................
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COMPATIBILITY TABLE—Continued
Compatibility
Section
Change
Subject
Existing
I
New
Part 32
§ 32.15(d) introductory
text.
Amend ......
Same: Quality assurance, prohibition of transfer and labeling .......................
NRC
NRC
B
B
B
B
IB
IB
B
B
NRC
H&S
H&S
NRC
H&S
H&S
Part 35
§ 35.50(c)(3) ...............
§ 35.57(b)(2) ...............
Amend ......
Amend ......
Training for Radiation Safety Officer and Associate Radiation Safety Officer
Training for experienced Radiation Safety Officer, teletherapy or medical
physicist, authorized medical physicist, authorized user, nuclear pharmacist, and authorized nuclear pharmacist.
Training for an authorized nuclear pharmacist ...............................................
§ 35.55(a)(1) ...............
IAmend ...... I
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.
Part 70
§ 70.22(g)(3) ...............
§ 70.32(a)(9)(i)(B) .......
§ 70.32(a)(9)(i)(C) ......
Amend ......
Amend ......
Amend ......
Contents of application ....................................................................................
Conditions of licenses .....................................................................................
Conditions of licenses .....................................................................................
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.
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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,
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Reporting and recordkeeping
requirements, Security measures.
criteria, Reporting and recordkeeping
requirements, Whistleblowing.
10 CFR Part 32
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.
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
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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.
3. In § 2.1023(b) introductory text,
remove the word ‘‘respository’’ and add
in its place the word ‘‘repository’’.
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.
§ 2.1026
§ 20.2207
§ 2.911
[Amended]
2. In § 2.911(a), remove the word
‘‘preceeding’’ and add in its place the
word ‘‘proceeding’’.
■
§ 2.1023
[Amended]
■
[Amended]
4. In § 2.1026(b)(1), remove the word
‘‘unforseen’’ and add in its place the
word ‘‘unforeseen’’.
■
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:
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
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).
[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’’.
■
[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]
■
§ 11.15
■
43401
[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
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:
■
8. The authority citation for part 20
continues to read as follows:
■
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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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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:
■
[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:
*
*
*
*
*
(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.
[Amended]
17. In § 35.50(c)(3), remove the words
‘‘master material license’’ and add in
their place the words ‘‘master material
licensee’’.
■
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
power.
Loss of all alternating current
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)’’.
*
*
*
*
(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.
*
*
*
*
*
§ 35.57
§ 50.71
§ 35.55
*
[Amended]
■
[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,’’.
■
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§ 37.27
■
§ 32.15 Same: Quality assurance,
prohibition of transfer, and labeling.
§ 35.50
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.
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:
■
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[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,
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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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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.
§ 73.57
■
§ 72.218
■
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.
■
*
B. [Reserved]
*
*
*
*
PART 55—OPERATORS’ LICENSES
31. The authority citation for part 55
continues to read as follows:
§ 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]
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’’.
■
[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:
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■
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
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§ 73.35
41. In § 73.35, remove the phrase
‘‘total external radiation dose rate’’ and
add in its place the phrase ‘‘total
external radiation level’’.
[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)’’.
■
PO 00000
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[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’’.
■
[Amended]
■
§ 73.37
43403
Sfmt 4700
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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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.
Examining the AD Docket
[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
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
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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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY:
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.
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
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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
1 The 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.
E:\FR\FM\09AUR1.SGM
09AUR1
]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
[[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 [email protected].
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 [email protected] 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:
[email protected].
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
