Miscellaneous Corrections, 67839-67843 [2021-24472]

Download as PDF Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations (1) 50 acres × (115 bushel production guarantee × $4.58 projected price) = $26,335.00 revenue protection guarantee (3) 5,000 bushel production to count × $4.53 harvest price = $22,650.00 value of the production to count (5) $26,335.00¥$22,650.00 = $3,685.00 (6) $3,685.00 × 1.000 share = $3,685.00 indemnity. * * * * * (d) * * * (1) Production will be reduced by 0.12 percent for each 0.1 percentage point of moisture in excess of: (i) 15 percent for corn (If moisture exceeds 30 percent, production will be reduced 0.2 percent for each 0.1 percentage point above 30 percent); (ii) 14 percent for grain sorghum; and (iii) 13 percent for soybeans. We may obtain samples of the production to determine the moisture content. * * * * * ■ 9. Amend § 457.150 as follows: ■ a. In the introductory text, remove the word ‘‘follow’’ and add ‘‘follows:’’ in its place; and ■ b. In section 2, revise paragraph (d). The revision reads as follows: Final rule. is making these amendments to correct a grammatical error, punctuation, a reference, formatting, a mathematical formula, and spelling; clarify language; revise contact information; and update an authority citation and internal procedures. [NRC–2021–0169] The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include correcting a grammatical error, punctuation, a reference, formatting, a mathematical formula, and spelling; clarifying language; revising contact information; and updating an authority citation and internal procedures. 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 December 30, 2021. ADDRESSES: Please refer to Docket ID NRC–2021–0169 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–2021–0169. Address questions about NRC dockets to Dawn Forder; telephone: 301–415–3407; email: Dawn.Forder@nrc.gov. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. • NRC’s PDR: You may examine and purchase copies of public documents, by appointment, at the PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to pdr.resource@nrc.gov or call 1–800– 397–4209 or 301–415–4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Angella Love Blair, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–3453, email: Angella.LoveBlair@nrc.gov. SUPPLEMENTARY INFORMATION: RIN 3150–AK70 I. Introduction 10 CFR Part 52 The NRC is amending its regulations in parts 9, 37, 40, 50, 51, 52, 55, 71, 73, and 110 of title 10 of the Code of Federal Regulations (10 CFR). The NRC Correct Reference. This final rule amends § 52.136 by removing the reference ‘‘10 CFR 50.33(a) through (d) and (j)’’ and adding in its place the § 457.150 Dry bean crop insurance provisions. * * * * * 2. Unit Division * * * * * (d) Contract seed beans may qualify for a separate enterprise or optional unit only if the seed bean processor contract specifies the number of acres under contract and contract seed beans are listed as a separate type in the actuarial documents. Contract seed beans produced under a seed bean processor contract that specifies only an amount of production are not eligible for a separate enterprise or optional unit. * * * * * Richard H. Flournoy, Acting Manager, Federal Crop Insurance Corporation. [FR Doc. 2021–25925 Filed 11–29–21; 8:45 am] BILLING CODE 3410–08–P NUCLEAR REGULATORY COMMISSION 10 CFR Chapter I lotter on DSK11XQN23PROD with RULES1 ACTION: 67839 Miscellaneous Corrections Nuclear Regulatory Commission. AGENCY: VerDate Sep<11>2014 15:56 Nov 29, 2021 Jkt 256001 SUMMARY: PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 II. Summary of Changes 10 CFR Part 9 Update Authority Citation. This final rule updates the authority citation for 10 CFR part 9 to include the reference for the Social Security Number Fraud Prevention Act of 2017. 10 CFR Parts 37 and 110 Correct Mathematical Formula. This final rule revises appendix A to 10 CFR part 37 and appendix P to 10 CFR part 110 to correct a sum of fractions formula. The correction is necessary to make the expression mathematically reflect that an indefinite number of nuclides may be included in the calculation, consistent with the explanations in the respective rule texts. An ellipsis and a plus sign are added at the appropriate locations, and the summation sign (sigma) and brackets are deleted as unnecessary. 10 CFR Parts 40 and 73 Update Internal Procedures. This final rule revises §§ 40.23(b)(1), 40.66(a), 40.67(a), 73.73(a)(1), and 73.74(a)(1) to add the email address that has been used for submitting advance notices for shipments of radioactive material. 10 CFR Part 50 Revise Contact Information. This final rule amends the introductory text of § 50.74 to refer licensees to the appropriate contact information in § 55.5. Provide Clarity. This final rule revises section IV.F.2.j of appendix E to 10 CFR part 50 to clarify the emergency preparedness exercise scenarios that must be performed within an 8-year exercise cycle. This revision does not change the regulations; it only clarifies the regulations by adding paragraph numbers and organization. 10 CFR Part 51 Correct Spelling. This final rule amends footnote 4 to § 51.52 to correct ‘‘appiled’’ to read ‘‘applied.’’ This final rule also amends § 51.10(b)(2) to correct ‘‘acitivity’’ to read ‘‘activity.’’ E:\FR\FM\30NOR1.SGM 30NOR1 67840 Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations reference ‘‘10 CFR 50.33(a) through (c) and (j).’’ 10 CFR Part 55 Correct Punctation. This final rule amends § 55.33(a)(1) to correct the word ‘‘applicants’’ to read ‘‘applicant’s.’’ 10 CFR Part 71 Correct a Formatting Error. This final rule corrects § 71.4 to italicize the term licensed material. 10 CFR Part 110 Correct Grammatical Error. This final rule amends the definition for medical isotope in § 110.2 to correct the phrase ‘‘radiopharmaceutical for diagnostic, therapeutic procedures or for research and development’’ to read ‘‘radiopharmaceutical for diagnostic or therapeutic procedures or for research and development.’’ lotter on DSK11XQN23PROD with RULES1 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 a grammatical error, punctuation, a reference, formatting, a mathematical formula, and spelling; clarify language; revise contact information; and update an authority citation and internal procedures. 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 December 30, 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. 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 VerDate Sep<11>2014 15:56 Nov 29, 2021 Jkt 256001 Fitting, Issue Finality, and Information Requests.’’ These corrections also would not constitute forward fitting as that term is defined and described in MD 8.4 or affect the issue finality of any approval issued under 10 CFR part 52. The amendments are non-substantive in nature, including correcting a grammatical error, punctuation, a reference, formatting, a mathematical formula, and spelling; clarifying language; revising contact information; and updating an authority citation and internal procedures. They impose no new requirements and make no substantive changes to the regulations. The corrections do not involve any provisions that would impose backfits as defined in 10 CFR chapter I, or that would be inconsistent with the issue finality provisions in 10 CFR part 52. For these reasons, the issuance of this final rule would not constitute backfitting or be inconsistent with any of the issue finality provisions in 10 CFR part 52. Therefore, the NRC has not prepared any additional documentation for this correction rulemaking addressing backfitting or issue finality. V. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31885). VI. National Environmental Policy Act 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. VII. Paperwork Reduction Act This final rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995. VIII. Congressional Review Act This final rule is not a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 IX. Compatibility of Agreement State Regulations Under the ‘‘Agreement State Program Policy Statement’’ approved by the Commission on October 2, 2017, and published in the Federal Register 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. Compatibility 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 37, 40, and 71 are a matter of compatibility between the NRC and the Agreement States, thereby providing consistency among E:\FR\FM\30NOR1.SGM 30NOR1 67841 Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations Agreement State and NRC requirements, and are listed in the following table. The changes to 10 CFR parts 9, 50, 51, 52, 55, 73, and 110 categories are not subject to Agreement State jurisdiction and consequently are not required for compatibility. COMPATIBILITY TABLE Compatibility Section Change Subject Existing I New Part 37 Appendix A to Part 37 ........ Amend ................................ Category 1 and Category 2 Radioactive Materials ........ B B NRC NRC NRC NRC NRC NRC D D Part 40 § 40.23 ................................ Amend ................................ § 40.66 ................................ Amend ................................ § 40.67 ................................ Amend ................................ General license for carriers of transient shipments of natural uranium other than in the form of ore or ore residue. Requirements for advance notice of export shipments of natural uranium. Requirement for advance notice of importation of natural uranium from countries that are not party to the Convention on the Physical Protection of Nuclear Material. Part 71 § 71.4 .................................. Amend ................................ List of Subjects 10 CFR Part 51 10 CFR Part 9 Administrative practice and procedure, Environmental impact statements, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. Administrative practice and procedure, Courts, Criminal penalties, Freedom of information, Government employees, Privacy, Reporting and recordkeeping requirements, Sunshine Act. 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 40 Criminal penalties, Exports, Government contracts, Hazardous materials transportation, Hazardous waste, Nuclear energy, Nuclear materials, Penalties, Reporting and recordkeeping requirements, Source material, Uranium, Whistleblowing. 15:56 Nov 29, 2021 Jkt 256001 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. Criminal penalties, Manpower training programs, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements. Criminal penalties, Hazardous materials transportation, Incorporation by reference, Intergovernmental relations, Nuclear materials, Packaging and containers, Penalties, Radioactive materials, Reporting and recordkeeping requirements. 10 CFR Part 73 Criminal penalties, Exports, Hazardous materials transportation, Incorporation by reference, Imports, PO 00000 Frm 00011 Fmt 4700 Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Security measures. 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 9—PUBLIC RECORDS 1. The authority citation for part 9 is revised to read as follows: ■ 10 CFR Part 71 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. VerDate Sep<11>2014 10 CFR Part 52 10 CFR Part 55 10 CFR Part 50 lotter on DSK11XQN23PROD with RULES1 Definitions (Licensed material) ....................................... Sfmt 4700 Authority: Atomic Energy Act of 1954, sec. 161 (42 U.S.C. 2201); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 3504 note. Subpart A also issued under 31 U.S.C. 9701. Subpart B also issued under 5 U.S.C. 552a. Subpart C also issued under 5 U.S.C. 552b. Subpart E also issued under 42 U.S.C. 405 note. E:\FR\FM\30NOR1.SGM 30NOR1 67842 Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations 2. 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. 3. In appendix A to part 37, revise the mathematical formula to read as follows: ■ Appendix A to Part 37—Category 1 and Category 2 Radioactive Materials * * * * * PART 40—DOMESTIC LICENSING OF SOURCE MATERIAL 4. The authority citation for part 40 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 62, 63, 64, 65, 69, 81, 83, 84, 122, 161, 181, 182, 183, 184, 186, 187, 193, 223, 234, 274, 275 (42 U.S.C. 2092, 2093, 2094, 2095, 2099, 2111, 2113, 2114, 2152, 2201, 2231, 2232, 2233, 2234, 2236, 2237, 2243, 2273, 2282, 2021, 2022); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Uranium Mill Tailings Radiation Control Act of 1978, sec. 104 (42 U.S.C. 7914); 44 U.S.C. 3504 note. 5. In § 40.23, revise paragraph (b)(1) to read as follows: ■ § 40.23 General license for carriers of transient shipments of natural uranium other than in the form of ore or ore residue. lotter on DSK11XQN23PROD with RULES1 * * * * * (b) * * * (1) Persons generally licensed under paragraph (a) of this section, who plan to carry a transient shipment with scheduled stops at a United States port, shall notify the Director Office of Nuclear Security and Incident Response, by email (preferred method) to AdvanceNotifications.Resource@ nrc.gov or using an appropriate method listed in § 40.5. The notification must be in writing and must be received at least 10 days before transport of the shipment commences at the shipping facility. * * * * * ■ 6. In § 40.66: ■ a. Revise paragraph (a); and ■ b. Remove the undesignated paragraph following paragraph (a). The revision reads as follows: VerDate Sep<11>2014 15:56 Nov 29, 2021 Jkt 256001 § 40.66 Requirements for advance notice of export shipments of natural uranium. (a) Each licensee authorized to export natural uranium, other than in the form of ore or ore residue, in amounts exceeding 500 kilograms, shall notify the Director, Office of Nuclear Security and Incident Response, by email (preferred method) to AdvanceNotifications.Resource@nrc.gov or by an appropriate method listed in § 40.5. The notification must be in writing and must be received at least 10 days before transport of the shipment commences at the shipping facility. * * * * * ■ 7. In § 40.67, revise paragraph (a) to read as follows: § 40.67 Requirement for advance notice for importation of natural uranium from countries that are not party to the Convention on the Physical Protection of Nuclear Material. (a) Each licensee authorized to import natural uranium, other than in the form of ore or ore residue, in amounts exceeding 500 kilograms, from countries not party to the Convention on the Physical Protection of Nuclear Material (see appendix F to part 73 of this chapter) shall notify the Director, Office of Nuclear Security and Incident Response, by email (preferred method) to AdvanceNotifications.Resource@ nrc.gov or using an appropriate method listed in § 40.5. The notification must be in writing and must be received at least 10 days before transport of the shipment commences at the shipping facility. * * * * * PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 8. 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. 9. In § 50.74, revise the introductory text to read as follows: ■ of the following in regard to a licensed operator or senior operator: * * * * * ■ 10. In appendix E to part 50, revise paragraph 2.j of section IV.F to read as follows: Appendix E to Part 50—Emergency Planning and Preparedness for Production and Utilization Facilities * * * * * IV. * * * F. * * * 2. * * * j. (i) The exercises conducted under paragraph 2 of this section by nuclear power reactor licensees must provide the opportunity for the ERO to demonstrate proficiency in the key skills necessary to implement the principal functional areas of emergency response identified in paragraph 2.b of this section. (ii) Each exercise must provide the opportunity for the ERO to demonstrate key skills specific to emergency response duties in the control room, TSC, OSC, EOF, and joint information center. (iii) In each 8-calendar-year exercise cycle, nuclear power reactor licensees shall vary the content of scenarios during exercises conducted under paragraph 2 of this section to provide the opportunity for the ERO to demonstrate proficiency in the key skills necessary to respond to the following scenario elements: (1) Hostile action directed at the plant site; (2) No radiological release or an unplanned minimal radiological release that does not require public protective actions; (3) An initial classification of, or rapid escalation to, a Site Area Emergency or General Emergency; (4) Implementation of strategies, procedures, and guidance under § 50.155(b)(2); and (5) Integration of offsite resources with onsite response. (iv) The licensee shall maintain a record of exercises conducted during each 8-year exercise cycle that documents the content of scenarios used to comply with the requirements of section IV.F.2.j of this appendix. (v) Each licensee shall conduct a hostile action exercise for each of its sites no later than December 31, 2015. (vi) The first 8-year exercise cycle for a site will begin in the calendar year in which the first hostile action exercise is conducted. For a site licensed under 10 CFR part 52, the first 8-year exercise cycle begins in the calendar year of the initial exercise required by section IV.F.2.a of this appendix. * * * * * PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS § 50.74 Notification of change in operator or senior operator status. ■ Each licensee shall notify the appropriate NRC contact, as described in § 55.5 of this chapter, within 30 days Authority: Atomic Energy Act of 1954, secs. 161, 193 (42 U.S.C. 2201, 2243); Energy PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 11. The authority citation for part 51 is revised to read as follows: E:\FR\FM\30NOR1.SGM 30NOR1 ER30NO21.046</GPH> PART 37—PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations § 51.10 [Amended] 12. In § 51.10, amend paragraph (b)(2) by removing ‘‘acitivity’’ and adding in its place ‘‘activity’’. ■ Section 71.97 also issued under Sec. 301, Pub. L. 96–295, 94 Stat. 789 (42 U.S.C. 5841 note). § 71.4 [Amended] 19. In § 71.4, remove ‘‘Licensed material’’ and add in its place the term ‘‘Licensed material’’. ■ PART 73—PHYSICAL PROTECTION OF PLANTS AND MATERIALS 20. The authority citation for part 73 is revised to read as follows: ■ § 51.52 [Amended] 13. In § 51.52, amend footnote 4 by removing ‘‘appiled’’ and adding in its place ‘‘applied’’. ■ PART 52—LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS 14. The authority citation for part 52 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 103, 104, 147, 149, 161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134, 2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note. § 52.136 21. In § 73.73, revise paragraph (a)(1) to read as follows: ■ § 73.73 Requirement for advance notice and protection of export shipments of special nuclear material of low strategic significance. (a) * * * (1) Notify in writing the Director, Office of Nuclear Security and Incident Response, by email (preferred method) to AdvanceNotifications.Resource@ nrc.gov or by using any appropriate method listed in § 73.4; * * * * * ■ 22. In § 73.74, revise paragraph (a)(1) to read as follows: [Amended] 15. In § 52.136, remove the reference ‘‘10 CFR 50.33(a) through (d) and (j)’’ and add in its place the reference ‘‘10 CFR 50.33(a) through (c) and (j)’’. ■ PART 55—OPERATORS’ LICENSES 16. The authority citation for part 55 is revised to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 107, 161, 181, 182, 183, 186, 187, 223, 234 (42 U.S.C. 2137, 2201, 2231, 2232, 2233, 2236, 2237, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); Nuclear Waste Policy Act of 1982, sec. 306 (42 U.S.C. 10226); 44 U.S.C. 3504 note. § 55.33 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, Pub. L. 96–295, 94 Stat. 789 (42 U.S.C. 5841 note). [Amended] 17. In § 55.33, amend paragraph (a)(1) by removing ‘‘applicants’’ and adding in its place ‘‘applicant’s’’. ■ PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL 18. The authority citation for part 71 continues to read as follows: § 73.74 Requirement for advance notice and protection of import shipments of nuclear material from countries that are not party to the Convention on the Physical Protection of Nuclear Material. (a) * * * (1) Notify in writing the Director, Office of Nuclear Security and Incident Response, by email (preferred method) to AdvanceNotifications.Resource@ nrc.gov or by using any appropriate method listed in § 73.4; * * * * * PART 110—EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL lotter on DSK11XQN23PROD with RULES1 ■ VerDate Sep<11>2014 15:56 Nov 29, 2021 Jkt 256001 23. The authority citation for part 110 is revised to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 81, 161, 182, 183, 223, 234, 1701 (42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2201, 2232, 2233, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste Policy Act of 1982, sec. 180 (42 U.S.C. 10175); 44 U.S.C. 3504 note. 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, PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 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 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. 24. In § 110.2, amend the definition for Medical isotope by removing the phrase ‘‘radiopharmaceutical for diagnostic, therapeutic procedures or for research and development’’ and adding in its place the phrase ‘‘radiopharmaceutical for diagnostic or therapeutic procedures or for research and development.’’ ■ 25. In appendix P to part 110, revise the mathematical formula to read as follows: ■ Appendix P to Part 110—Category 1 and 2 Radioactive Material * * * * * Dated: November 3, 2021. For the Nuclear Regulatory Commission. Cindy K. Bladey, Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2021–24472 Filed 11–29–21; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 34 [Docket No. OCC–2021–0019] RIN 1557–AF13 FEDERAL RESERVE SYSTEM 12 CFR Part 226 [Docket No. R–1758] RIN 7100–AG21 BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1026 Appraisals for Higher-Priced Mortgage Loans Exemption Threshold Office of the Comptroller of the Currency, Treasury (OCC); Board of Governors of the Federal Reserve AGENCY: E:\FR\FM\30NOR1.SGM 30NOR1 ER30NO21.047</GPH> Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); National Environmental Policy Act of 1969 (42 U.S.C. 4332, 4334, 4335); Nuclear Waste Policy Act of 1982, secs. 144(f), 121, 135, 141, 148 (42 U.S.C. 10134(f), 10141, 10155, 10161, 10168); 44 U.S.C. 3504 note. 67843

Agencies

[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Rules and Regulations]
[Pages 67839-67843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24472]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

[NRC-2021-0169]
RIN 3150-AK70


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 a grammatical error, punctuation, a reference, formatting, a 
mathematical formula, and spelling; clarifying language; revising 
contact information; and updating an authority citation and internal 
procedures. 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 December 30, 2021.

ADDRESSES: Please refer to Docket ID NRC-2021-0169 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-2021-0169. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: [email protected].
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected].
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the PDR, Room P1 B35, One White Flint 
North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Angella Love Blair, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3453, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is amending its regulations in parts 9, 37, 40, 50, 51, 52, 
55, 71, 73, and 110 of title 10 of the Code of Federal Regulations (10 
CFR). The NRC is making these amendments to correct a grammatical 
error, punctuation, a reference, formatting, a mathematical formula, 
and spelling; clarify language; revise contact information; and update 
an authority citation and internal procedures.

II. Summary of Changes

10 CFR Part 9

    Update Authority Citation. This final rule updates the authority 
citation for 10 CFR part 9 to include the reference for the Social 
Security Number Fraud Prevention Act of 2017.

10 CFR Parts 37 and 110

    Correct Mathematical Formula. This final rule revises appendix A to 
10 CFR part 37 and appendix P to 10 CFR part 110 to correct a sum of 
fractions formula. The correction is necessary to make the expression 
mathematically reflect that an indefinite number of nuclides may be 
included in the calculation, consistent with the explanations in the 
respective rule texts. An ellipsis and a plus sign are added at the 
appropriate locations, and the summation sign (sigma) and brackets are 
deleted as unnecessary.

10 CFR Parts 40 and 73

    Update Internal Procedures. This final rule revises Sec. Sec.  
40.23(b)(1), 40.66(a), 40.67(a), 73.73(a)(1), and 73.74(a)(1) to add 
the email address that has been used for submitting advance notices for 
shipments of radioactive material.

10 CFR Part 50

    Revise Contact Information. This final rule amends the introductory 
text of Sec.  50.74 to refer licensees to the appropriate contact 
information in Sec.  55.5.
    Provide Clarity. This final rule revises section IV.F.2.j of 
appendix E to 10 CFR part 50 to clarify the emergency preparedness 
exercise scenarios that must be performed within an 8-year exercise 
cycle. This revision does not change the regulations; it only clarifies 
the regulations by adding paragraph numbers and organization.

10 CFR Part 51

    Correct Spelling. This final rule amends footnote 4 to Sec.  51.52 
to correct ``appiled'' to read ``applied.'' This final rule also amends 
Sec.  51.10(b)(2) to correct ``acitivity'' to read ``activity.''

10 CFR Part 52

    Correct Reference. This final rule amends Sec.  52.136 by removing 
the reference ``10 CFR 50.33(a) through (d) and (j)'' and adding in its 
place the

[[Page 67840]]

reference ``10 CFR 50.33(a) through (c) and (j).''

10 CFR Part 55

    Correct Punctation. This final rule amends Sec.  55.33(a)(1) to 
correct the word ``applicants'' to read ``applicant's.''

10 CFR Part 71

    Correct a Formatting Error. This final rule corrects Sec.  71.4 to 
italicize the term licensed material.

10 CFR Part 110

    Correct Grammatical Error. This final rule amends the definition 
for medical isotope in Sec.  110.2 to correct the phrase 
``radiopharmaceutical for diagnostic, therapeutic procedures or for 
research and development'' to read ``radiopharmaceutical for diagnostic 
or therapeutic procedures or for research and development.''

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 a grammatical error, punctuation, a reference, 
formatting, a mathematical formula, and spelling; clarify language; 
revise contact information; and update an authority citation and 
internal procedures. 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 December 30, 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. 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.'' These corrections also would not constitute 
forward fitting as that term is defined and described in MD 8.4 or 
affect the issue finality of any approval issued under 10 CFR part 52. 
The amendments are non-substantive in nature, including correcting a 
grammatical error, punctuation, a reference, formatting, a mathematical 
formula, and spelling; clarifying language; revising contact 
information; and updating an authority citation and internal 
procedures. They impose no new requirements and make no substantive 
changes to the regulations. The corrections do not involve any 
provisions that would impose backfits as defined in 10 CFR chapter I, 
or that would be inconsistent with the issue finality provisions in 10 
CFR part 52. For these reasons, the issuance of this final rule would 
not constitute backfitting or be inconsistent with any of the issue 
finality provisions in 10 CFR part 52. Therefore, the NRC has not 
prepared any additional documentation for this correction rulemaking 
addressing backfitting or issue finality.

V. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31885).

VI. National Environmental Policy Act

    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.

VII. Paperwork Reduction Act

    This final rule does not contain a collection of information as 
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
and, therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995.

VIII. Congressional Review Act

    This final rule is not a rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808).

IX. Compatibility of Agreement State Regulations

    Under the ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017, and published in the Federal 
Register 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. Compatibility 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 37, 40, and 71 are a matter of 
compatibility between the NRC and the Agreement States, thereby 
providing consistency among

[[Page 67841]]

Agreement State and NRC requirements, and are listed in the following 
table. The changes to 10 CFR parts 9, 50, 51, 52, 55, 73, and 110 
categories are not subject to Agreement State jurisdiction and 
consequently are not required for compatibility.

                                               Compatibility Table
----------------------------------------------------------------------------------------------------------------
                                                                                              Compatibility
              Section                        Change                   Subject          -------------------------
                                                                                          Existing       New
----------------------------------------------------------------------------------------------------------------
                                                     Part 37
----------------------------------------------------------------------------------------------------------------
Appendix A to Part 37..............  Amend................  Category 1 and Category 2             B            B
                                                             Radioactive Materials.
----------------------------------------------------------------------------------------------------------------
                                                     Part 40
----------------------------------------------------------------------------------------------------------------
Sec.   40.23.......................  Amend................  General license for                 NRC          NRC
                                                             carriers of transient
                                                             shipments of natural
                                                             uranium other than in the
                                                             form of ore or ore
                                                             residue.
Sec.   40.66.......................  Amend................  Requirements for advance            NRC          NRC
                                                             notice of export
                                                             shipments of natural
                                                             uranium.
Sec.   40.67.......................  Amend................  Requirement for advance             NRC          NRC
                                                             notice of importation of
                                                             natural uranium from
                                                             countries that are not
                                                             party to the Convention
                                                             on the Physical
                                                             Protection of Nuclear
                                                             Material.
----------------------------------------------------------------------------------------------------------------
                                                     Part 71
----------------------------------------------------------------------------------------------------------------
Sec.   71.4........................  Amend................  Definitions (Licensed                 D            D
                                                             material).
----------------------------------------------------------------------------------------------------------------

List of Subjects

10 CFR Part 9

    Administrative practice and procedure, Courts, Criminal penalties, 
Freedom of information, Government employees, Privacy, Reporting and 
recordkeeping requirements, Sunshine Act.

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 40

    Criminal penalties, Exports, Government contracts, Hazardous 
materials transportation, Hazardous waste, Nuclear energy, Nuclear 
materials, Penalties, Reporting and recordkeeping requirements, Source 
material, Uranium, Whistleblowing.

10 CFR Part 50

    Administrative practice and procedure, Antitrust, Backfitting, 
Classified information, Criminal penalties, Education, Emergency 
planning, Fire prevention, Fire protection, Incorporation by reference, 
Intergovernmental relations, Nuclear power plants and reactors, 
Penalties, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements, Whistleblowing.

10 CFR Part 51

    Administrative practice and procedure, Environmental impact 
statements, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear 
power plants and reactors, Reporting and recordkeeping requirements.

10 CFR Part 52

    Administrative practice and procedure, Antitrust, Combined license, 
Early site permit, Emergency planning, Fees, 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 71

    Criminal penalties, Hazardous materials transportation, 
Incorporation by reference, Intergovernmental relations, Nuclear 
materials, Packaging and containers, Penalties, Radioactive materials, 
Reporting and recordkeeping requirements.

10 CFR Part 73

    Criminal penalties, Exports, Hazardous materials transportation, 
Incorporation by reference, Imports, Nuclear energy, Nuclear materials, 
Nuclear power plants and reactors, Penalties, Reporting and 
recordkeeping requirements, Security measures.

10 CFR Part 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 9--PUBLIC RECORDS

0
1. The authority citation for part 9 is revised to read as follows:

    Authority:  Atomic Energy Act of 1954, sec. 161 (42 U.S.C. 
2201); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 
44 U.S.C. 3504 note.
    Subpart A also issued under 31 U.S.C. 9701.
    Subpart B also issued under 5 U.S.C. 552a.
    Subpart C also issued under 5 U.S.C. 552b.
    Subpart E also issued under 42 U.S.C. 405 note.

[[Page 67842]]

PART 37--PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 
QUANTITIES OF RADIOACTIVE MATERIAL

0
2. 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.


0
3. In appendix A to part 37, revise the mathematical formula to read as 
follows:

Appendix A to Part 37--Category 1 and Category 2 Radioactive Materials

* * * * *
[GRAPHIC] [TIFF OMITTED] TR30NO21.046

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

0
4. The authority citation for part 40 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 62, 63, 64, 65, 69, 
81, 83, 84, 122, 161, 181, 182, 183, 184, 186, 187, 193, 223, 234, 
274, 275 (42 U.S.C. 2092, 2093, 2094, 2095, 2099, 2111, 2113, 2114, 
2152, 2201, 2231, 2232, 2233, 2234, 2236, 2237, 2243, 2273, 2282, 
2021, 2022); Energy Reorganization Act of 1974, secs. 201, 202, 206, 
211 (42 U.S.C. 5841, 5842, 5846, 5851); Uranium Mill Tailings 
Radiation Control Act of 1978, sec. 104 (42 U.S.C. 7914); 44 U.S.C. 
3504 note.


0
5. In Sec.  40.23, revise paragraph (b)(1) to read as follows:


Sec.  40.23  General license for carriers of transient shipments of 
natural uranium other than in the form of ore or ore residue.

* * * * *
    (b) * * *
    (1) Persons generally licensed under paragraph (a) of this section, 
who plan to carry a transient shipment with scheduled stops at a United 
States port, shall notify the Director Office of Nuclear Security and 
Incident Response, by email (preferred method) to 
[email protected] or using an appropriate method 
listed in Sec.  40.5. The notification must be in writing and must be 
received at least 10 days before transport of the shipment commences at 
the shipping facility.
* * * * *

0
6. In Sec.  40.66:
0
a. Revise paragraph (a); and
0
b. Remove the undesignated paragraph following paragraph (a).
    The revision reads as follows:


Sec.  40.66  Requirements for advance notice of export shipments of 
natural uranium.

    (a) Each licensee authorized to export natural uranium, other than 
in the form of ore or ore residue, in amounts exceeding 500 kilograms, 
shall notify the Director, Office of Nuclear Security and Incident 
Response, by email (preferred method) to 
[email protected] or by an appropriate method 
listed in Sec.  40.5. The notification must be in writing and must be 
received at least 10 days before transport of the shipment commences at 
the shipping facility.
* * * * *

0
7. In Sec.  40.67, revise paragraph (a) to read as follows:


Sec.  40.67  Requirement for advance notice for importation of natural 
uranium from countries that are not party to the Convention on the 
Physical Protection of Nuclear Material.

    (a) Each licensee authorized to import natural uranium, other than 
in the form of ore or ore residue, in amounts exceeding 500 kilograms, 
from countries not party to the Convention on the Physical Protection 
of Nuclear Material (see appendix F to part 73 of this chapter) shall 
notify the Director, Office of Nuclear Security and Incident Response, 
by email (preferred method) to [email protected] or 
using an appropriate method listed in Sec.  40.5. The notification must 
be in writing and must be received at least 10 days before transport of 
the shipment commences at the shipping facility.
* * * * *

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
8. 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.


0
9. In Sec.  50.74, revise the introductory text to read as follows:


Sec.  50.74  Notification of change in operator or senior operator 
status.

    Each licensee shall notify the appropriate NRC contact, as 
described in Sec.  55.5 of this chapter, within 30 days of the 
following in regard to a licensed operator or senior operator:
* * * * *

0
10. In appendix E to part 50, revise paragraph 2.j of section IV.F to 
read as follows:

Appendix E to Part 50--Emergency Planning and Preparedness for 
Production and Utilization Facilities

* * * * *
    IV. * * *
    F. * * *
    2. * * *
    j. (i) The exercises conducted under paragraph 2 of this section 
by nuclear power reactor licensees must provide the opportunity for 
the ERO to demonstrate proficiency in the key skills necessary to 
implement the principal functional areas of emergency response 
identified in paragraph 2.b of this section.
    (ii) Each exercise must provide the opportunity for the ERO to 
demonstrate key skills specific to emergency response duties in the 
control room, TSC, OSC, EOF, and joint information center.
    (iii) In each 8-calendar-year exercise cycle, nuclear power 
reactor licensees shall vary the content of scenarios during 
exercises conducted under paragraph 2 of this section to provide the 
opportunity for the ERO to demonstrate proficiency in the key skills 
necessary to respond to the following scenario elements:
    (1) Hostile action directed at the plant site;
    (2) No radiological release or an unplanned minimal radiological 
release that does not require public protective actions;
    (3) An initial classification of, or rapid escalation to, a Site 
Area Emergency or General Emergency;
    (4) Implementation of strategies, procedures, and guidance under 
Sec.  50.155(b)(2); and
    (5) Integration of offsite resources with onsite response.
    (iv) The licensee shall maintain a record of exercises conducted 
during each 8-year exercise cycle that documents the content of 
scenarios used to comply with the requirements of section IV.F.2.j 
of this appendix.
    (v) Each licensee shall conduct a hostile action exercise for 
each of its sites no later than December 31, 2015.
    (vi) The first 8-year exercise cycle for a site will begin in 
the calendar year in which the first hostile action exercise is 
conducted. For a site licensed under 10 CFR part 52, the first 8-
year exercise cycle begins in the calendar year of the initial 
exercise required by section IV.F.2.a of this appendix.
* * * * *

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC 
LICENSING AND RELATED REGULATORY FUNCTIONS

0
11. The authority citation for part 51 is revised to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 161, 193 (42 U.S.C. 
2201, 2243); Energy

[[Page 67843]]

Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 
National Environmental Policy Act of 1969 (42 U.S.C. 4332, 4334, 
4335); Nuclear Waste Policy Act of 1982, secs. 144(f), 121, 135, 
141, 148 (42 U.S.C. 10134(f), 10141, 10155, 10161, 10168); 44 U.S.C. 
3504 note.


Sec.  51.10  [Amended]

0
12. In Sec.  51.10, amend paragraph (b)(2) by removing ``acitivity'' 
and adding in its place ``activity''.


Sec.  51.52  [Amended]

0
13. In Sec.  51.52, amend footnote 4 by removing ``appiled'' and adding 
in its place ``applied''.

PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER 
PLANTS

0
14. 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.


Sec.  52.136  [Amended]

0
15. In Sec.  52.136, remove the reference ``10 CFR 50.33(a) through (d) 
and (j)'' and add in its place the reference ``10 CFR 50.33(a) through 
(c) and (j)''.

PART 55--OPERATORS' LICENSES

0
16. The authority citation for part 55 is revised 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.  55.33  [Amended]

0
17. In Sec.  55.33, amend paragraph (a)(1) by removing ``applicants'' 
and adding in its place ``applicant's''.

PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

0
18. The authority citation for part 71 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 81, 
161, 182, 183, 223, 234, 1701 (42 U.S.C. 2073, 2077, 2092, 2093, 
2111, 2201, 2232, 2233, 2273, 2282, 2297f); Energy Reorganization 
Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 
5851); Nuclear Waste Policy Act of 1982, sec. 180 (42 U.S.C. 10175); 
44 U.S.C. 3504 note.
    Section 71.97 also issued under Sec. 301, Pub. L. 96-295, 94 
Stat. 789 (42 U.S.C. 5841 note).


Sec.  71.4  [Amended]

0
19. In Sec.  71.4, remove ``Licensed material'' and add in its place 
the term ``Licensed material''.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
20. The authority citation for part 73 is revised 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, Pub. L. 96-295, 
94 Stat. 789 (42 U.S.C. 5841 note).


0
21. In Sec.  73.73, revise paragraph (a)(1) to read as follows:


Sec.  73.73  Requirement for advance notice and protection of export 
shipments of special nuclear material of low strategic significance.

    (a) * * *
    (1) Notify in writing the Director, Office of Nuclear Security and 
Incident Response, by email (preferred method) to 
[email protected] or by using any appropriate 
method listed in Sec.  73.4;
* * * * *

0
22. In Sec.  73.74, revise paragraph (a)(1) to read as follows:


Sec.  73.74  Requirement for advance notice and protection of import 
shipments of nuclear material from countries that are not party to the 
Convention on the Physical Protection of Nuclear Material.

    (a) * * *
    (1) Notify in writing the Director, Office of Nuclear Security and 
Incident Response, by email (preferred method) to 
[email protected] or by using any appropriate 
method listed in Sec.  73.4;
* * * * *

PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

0
23. The authority citation for part 110 is revised 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 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.

0
24. In Sec.  110.2, amend the definition for Medical isotope by 
removing the phrase ``radiopharmaceutical for diagnostic, therapeutic 
procedures or for research and development'' and adding in its place 
the phrase ``radiopharmaceutical for diagnostic or therapeutic 
procedures or for research and development.''

0
25. In appendix P to part 110, revise the mathematical formula to read 
as follows:

Appendix P to Part 110--Category 1 and 2 Radioactive Material

* * * * *
[GRAPHIC] [TIFF OMITTED] TR30NO21.047


    Dated: November 3, 2021.

    For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of 
Rulemaking, Environmental, and Financial Support, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2021-24472 Filed 11-29-21; 8:45 am]
BILLING CODE 7590-01-P