ML23271A142

Final Rule - Miscellaneous Corrections Fall 2023

ML23271A142
Person / Time
Issue date:	11/07/2023
From:	Cindy Bladey Office of Nuclear Material Safety and Safeguards
To:
References
NRC-2023-0144, RIN 3150-AL04
Download: ML23271A142 (11)

Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 9, 30, 50, 51, 70, and 110

[NRC-2023-0144]

RIN 3150-AL04 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. The amendments correct spelling and references; update contact information; and remove obsolete language. This is necessary to inform the public of these non-substantive amendments to the NRCs regulations.

DATES: This final rule is effective on December 21, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0144 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-2023-0144. 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.

• NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov.

• NRCs PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. 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 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tricia Lizama, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-4110, email: TriciaDolores.Lizama@nrc.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents:

I. Introduction II. Summary of Changes III. Rulemaking Procedures IV. Backfitting and Issue Finality V. Plain Writing VI. National Environmental Policy Act VII. Paperwork Reduction Act VIII. Congressional Review Act IX. Compatibility of Agreement State Regulations I. Introduction The NRC is amending its regulations in parts 9, 30, 50, 51, 70, and 110 of title 10 of the Code of Federal Regulations (10 CFR). The NRC is making these amendments to correct spelling and references; revise contact information; and remove obsolete language.

II. Summary of Changes 10 CFR Part 9 Correct Reference. This final rule removes an obsolete reference in § 9.104(a)(4) to § 2.790(d) and replaces it with the reference §§ 2.390(b)(3)(i) and (b)(4).

10 CFR Part 30 Correct Spelling. This final rule corrects the spelling of the term supersede in footnote 1 to § 30.32.

10 CFR Part 50

Correct Reference. This final rule removes the obsolete reference Section 2.790 of 10 CFR part 2 in appendix C to part 50 and replaces it with Section 2.390 of 10 CFR part 2.

Correct Reference. In appendix J to 10 CFR part 50, this final rule revises footnote 2 by replacing it with a cross-reference to footnote 1.

10 CFR Part 51 Remove Obsolete Language: This final rule removes references to Subpart G that were inadvertently reinserted at §§ 51.34 and 51.102 in a final rule Miscellaneous Corrections (79 FR 66598; November 10, 2014).

10 CFR Part 70 Correct Spelling. This final rule corrects the spelling of the term supersede in the footnote to § 70.22. This rule also corrects the spelling of the term combined in § 70.24 paragraph (d)(1).

Correct Reference. This final rule redesignates in ascending order the footnotes in § 70.22(f) and (i)(3)(viii). This final rule also redesignates in numerical order the footnote in § 70.23(b).

10 CFR Part 110 Revise Contact Information. The NRC is providing an alternate method of contact for submitting reporting requirements through electronic submission by adding the email addresses 110.23reports@nrc.gov in § 110.54(b) and 110.26reports@nrc.gov in § 110.54(c).

III. Rulemaking Procedures 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 spelling and references; revise contact information; and remove obsolete 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 December 21, 2023. 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 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 spelling and references; revising contact information; and removing obsolete 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.

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).

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 (82 FR 48535; October 18, 2017), NRC program elements (including regulations) required for adequacy and having a particular health and safety component are those that are designated as Categories A, B, C, D, NRC, and H&S: and those required for compatibility include those regulations and other legally binding requirements designated as Compatibility Categories A, B, C, and D. Compatibility Category A are those program elements that include 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 are those program elements that apply to activities that have

direct and significant effects in multiple jurisdictions. Compatibility Category B pertains to a limited number of program elements that cross jurisdictional boundaries and should be addressed to ensure uniformity of regulation on a nationwide basis. The Agreement State program element should be essentially identical to that of NRC. Compatibility Category C are those program elements that do not meet the criteria of Category A or B, but the essential objectives of which 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 are those program elements that do not meet any of the criteria of Category A, B, or C, above, and, thus, do not need to be adopted by Agreement States for purposes of compatibility. Compatibility Category NRC 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 title 10 of the Code of Federal Regulations. These program elements should not be adopted by the Agreement States.

Category H&S program elements are not required for purposes of compatibility; however, they do have particular health and safety significance. The Agreement State should adopt the essential objectives of such program elements to maintain an adequate program.

The portions of this final rule that amend 10 CFR parts 30 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 9, 50, 51, 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 30 Application for specific 30.32(i) AMEND H&S H&S licenses Part 70 70.22(f), (i) AMEND Contents of application NRC NRC AMEND Requirements for the 70.23(b) NRC NRC approval of applications AMEND Criticality accident 70.24 NRC NRC requirements 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 30 Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations, Isotopes, Nuclear energy, Nuclear materials, Penalties, Radiation protection, Reporting and recordkeeping requirements, Whistleblowing.

10 CFR Part 50 Administrative practice and procedure, Antitrust, Backfitting, Classified information, Criminal penalties, Education, Emergency planning, Fire prevention, Fire protection, 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 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 110 Administrative practice and procedure, Classified information, Criminal penalties, Exports, 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 parts 9, 30, 50, 51, 70, and 110.

PART 9 - PUBLIC RECORDS

1. The authority citation for part 9 continues 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.

§ 9.104 [Amended]

2. In § 9.104, amend paragraph (a)(4) by removing the reference § 2.790(d) of this title and adding in its place the references §§ 2.390(b)(3)(i) and (b)(4) of this chapter;.

PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL

3. The authority citation for part 30 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 11, 81, 161, 181, 182, 183, 184, 186, 187, 223, 234, 274 (42 U.S.C. 2014, 2111, 2201, 2231, 2232, 2233, 2234, 2236, 2237, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.

§ 30.32 [Amended]

4. Amend footnote 1 in § 30.32 by removing superceed and adding in its place supersede.

PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

5. 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.

Appendix C to Part 50 [Amended]

6. In appendix C to 10 CFR part 50, amend footnote 1 in section I.A.1 by removing the reference 2.790 and adding in its place the reference 2.390.

7. In appendix J, revise footnote 2 to read as follows:

Appendix J to Part 50Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors 2 See footnote 1.

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

8. The authority citation for part 51 continues to read as follows:

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

Energy 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.

Sections 51.20, 51.30, 51.60, 51.80, and 51.97 also issued under Nuclear Waste Policy Act secs. 135, 141, 148 (42 U.S.C. 10155, 10161, 10168).

Section 51.22 also issued under Atomic Energy Act sec. 274 (42 U.S.C. 2021) and under Nuclear Waste Policy Act sec. 121 (42 U.S.C. 10141).

Sections 51.43, 51.67, and 51.109 also issued under Nuclear Waste Policy Act sec. 114(f) (42 U.S.C. 10134(f)).

§ 51.34 [Amended]

9. In § 51.34, amend the first sentence in paragraph (b) by removing the reference subpart G of.

§ 51.102 [Amended]

10. In § 51.102, amend the first sentence in paragraph (c) by removing the reference subpart G of.

PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

11. 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.

Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).

Section 70.21(g) also issued under Atomic Energy Act sec. 122 (42 U.S.C. 2152).

Section 70.31 also issued under Atomic Energy Act sec. 57(d) (42 U.S.C. 2077(d)).

Sections 70.36 and 70.44 also issued under Atomic Energy Act sec. 184 (42 U.S.C.

2234).

Section 70.81 also issued under Atomic Energy Act secs. 186, 187 (42 U.S.C. 2236, 2237).

Section 70.82 also issued under Atomic Energy Act sec. 108 (42 U.S.C. 2138).

12. In § 70.22:

a. Amend paragraph (f) by redesignating footnote 2 as footnote 1.

b. Amend paragraph (i)(3)(viii) by redesignating footnote 1 as footnote 2 and revising newly redesignated footnote 2.

The revision reads as follows:

§ 70.22 Contents of applications.

(i) * * *

(3) * * *

(viii) * * *

[2] These reporting requirements do not supersede or release licensees of complying with the requirements under the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Public Law 99-499 or other state or Federal reporting requirements.

§ 70.23 [Amended]

13. Amend paragraph (b) of § 70.23 by removing the superscript [3] and adding in its place the superscript [2] and redesignating footnote 3 as footnote 2.

§ 70.24 [Amended]

14. Amend paragraph (d)(1) of § 70.24 by removing ombined and adding in its place combined.

PART 110 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

15. 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 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.

§ 110.54 [Amended]

16. In § 110.54:

a. Amend the second sentence in paragraph (b) introductory text by adding the phrase or by electronic submission at 110.23reports@nrc.gov after the phrase provided in § 110.4; and

b. Amend the second sentence in paragraph (c) introductory text by adding the phrase or by electronic submission at 110.26reports@nrc.gov after the phrase provided in § 110.4.

Dated: November 7, 2023.

For the Nuclear Regulatory Commission.

/RA/

Cindy K. Bladey, Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards.