83 FR 30285 - Miscellaneous Corrections

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 125 (June 28, 2018)

Page Range		30285-30289
FR Document		2018-13877
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous administrative updates and corrections. The amendments update descriptions of agency organization and functions, correct cross-reference, typographical, and grammatical errors, and add a certification recipient and clarifying language. This document is necessary to inform the public of these non-substantive amendments to the NRC's regulations.
Federal Register, Volume 83 Issue 125 (Thursday, June 28, 2018)
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30285-30289]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13877]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules 
and Regulations

[[Page 30285]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 1, 2, 34, 37, 50, 71, 73, and 140

[NRC-2018-0086]
RIN 3150-AK13


Miscellaneous Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to make miscellaneous administrative updates and 
corrections. The amendments update descriptions of agency organization 
and functions, correct cross-reference, typographical, and grammatical 
errors, and add a certification recipient and clarifying 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 July 30, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0086 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 http://www.regulations.gov and search for Docket ID NRC-2018-0086. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For 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 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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]. 
There are no NRC documents referenced in this document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Jill Shepherd-Vladimir, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-1230, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is amending its regulations in parts 1, 2, 34, 37, 50, 71, 
73, and 140 of title 10 of the Code of Federal Regulations (10 CFR) to 
make miscellaneous updates and corrections. The amendments update 
branch, division, and office titles; update agency organization and 
functions; correct cross-reference, typographical, and grammatical 
errors; and add a certification recipient and clarifying language. This 
document is necessary to ensure orderly codification of the NRC's 
requirements and to inform the public of these non-substantive 
amendments to the NRC's regulations.

II. Summary of Changes

10 CFR Part 1

    Update Organization and Functions. In Sec.  1.34(d), this final 
rule removes the rulemaking function from the Office of Administration 
(ADM).
    Update Organization and Functions. In Sec.  1.42(a) and (b), this 
final rule adds the responsibility for leading, managing, and 
facilitating rulemaking for the agency to the Office of Nuclear 
Material Safety and Safeguards (NMSS).

10 CFR Part 2

    Correct Reference. In Sec.  2.101(a)(2), this final rule removes 
the incorrect reference to Sec.  2.101(g) and replaces it with the 
correct reference to Sec.  2.101(f) in the last sentence.
    Update Branch and Office Designation. In Sec.  2.802(b), this final 
rule updates the branch and office designation from the Office of 
Administration to the Office of Nuclear Material Safety and Safeguards.

10 CFR Part 34

    Correct Reference. In Sec.  34.101(c), this final rule removes the 
incorrect reference to Sec.  30.6(a)(2) for locations of regional 
offices and replaces it with the correct reference to Sec.  30.6(b)(2).

10 CFR Part 37

    Include Certification Recipient. In Sec.  37.23(b)(2), after the 
second sentence, this final rule adds the sentence ``Provide oath or 
affirmation certifications to the ATTN: Document Control Desk; 
Director, Office of Nuclear Material Safety and Safeguards.''
    Insert Clarifying Language. In Sec.  37.43 paragraphs (d)(2) and 
(3), and paragraphs (d)(5) through (8), this final rule adds the phrase 
``the list of individuals that have been approved for unescorted 
access'' from paragraph (d)(1) to provide the full list of information 
required to be protected.
    Correct Reference. In Sec.  37.45(b), this final rule removes the 
incorrect reference to Sec.  30.6(a)(2) and replaces it with the 
correct reference to Sec.  [thinsp]30.6(b)(2).

10 CFR Parts 37, 71, and 73

    Update Division Title. In Sec. Sec.  37.77(a)(1), 71.97(c)(3)(iii), 
and 73.37(b)(2) this final rule updates the Office of Nuclear Material 
Safety and Safeguards' division title from ``Division of Material 
Safety, State, Tribal, and Rulemaking Programs'' to ``Division of 
Materials Safety, Security, State, and Tribal Programs.''

10 CFR Part 50

    Correct Typographical Error. In Sec.  50.75(e)(1)(v), this final 
rule removes the word ``entity(ies)'' and replaces it with the words 
``entity or entities.''

10 CFR Part 73

    Correct Spelling. In Sec.  73.70(g), this final rule corrects the 
spelling of ``vertification'' to ``verification.''

10 CFR Part 140

    Correct Grammatical Error. In Sec.  140.2(b)(2), this final rule 
adds the indefinite article ``a'' before the last word in the 
paragraph.
    Correct Reference. In Sec.  140.3, this final rule presents the 
definitions in

[[Page 30286]]

alphabetical order, and removes the paragraph designations.
    Clarifying Language. In Sec.  140.13a(a), this final rule adds the 
word ``specified'' before ``in Sec.  140.15'' in the last sentence.
    Correct Typographical Error. In Sec.  140.22, this final rule 
corrects the title from ``Committee'' to ``Commission'' in the last 
sentence.

III. Rulemaking Procedure

    Under 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 agency management, organization, procedure, and 
practice. Specifically, the revisions update branch, division, and 
office titles; update descriptions of agency organization and 
functions; correct cross-reference, typographical, and grammatical 
errors; and add a certification recipient and clarifying language. The 
Commission is exercising its authority under 5 U.S.C. 553(b)(3)(B) to 
publish these amendments as a final rule. The amendments are effective 
July 30, 2018. 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 10 CFR 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.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB control 
number.

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 
31883).

VII. Backfitting and Issue Finality

    The NRC has determined that the corrections in this final rule do 
not constitute backfitting and are not inconsistent with any of the 
issue finality provisions in 10 CFR part 52. The amendments are non-
substantive in nature; they update branch, division, and office titles; 
update descriptions of agency organization and functions; correct 
cross-reference, typographical, and grammatical errors; and add a 
certification recipient and clarifying 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 would be inconsistent with the issue 
finality provisions in 10 CFR part 52. For these reasons, the issuance 
of the rule in final form would not constitute backfitting or represent 
a violation of any of the issue finality provisions in 10 CFR part 52. 
Therefore, the NRC has not prepared any additional documentation for 
this administrative 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).

List of Subjects

10 CFR Part 1

    Flags, Organization and functions (government agencies), Seals and 
insignia.

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 34

    Criminal penalties, Incorporation by reference, Manpower training 
programs, Occupational safety and health, Packaging and containers, 
Penalties, Radiation protection, Radiography, Reporting and 
recordkeeping requirements, Scientific equipment, Security measures, X-
rays.

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, Classified 
information, Criminal penalties, Education, 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 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 140

    Criminal penalties, Extraordinary nuclear occurrence, Insurance, 
Intergovernmental relations, Nuclear materials, Nuclear power plants 
and reactors, Penalties, Reporting and recordkeeping requirements.

    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,

[[Page 30287]]

as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following 
amendments to 10 CFR parts 1, 2, 34, 37, 50, 71, 73, and 140:

PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

0
1. The authority citation for part 1 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 23, 25, 29, 161, 191 
(42 U.S.C. 2033, 2035, 2039, 2201, 2241); Energy Reorganization Act 
of 1974, secs. 201, 203, 204, 205, 209 (42 U.S.C. 5841, 5843, 5844, 
5845, 5849); Administrative Procedure Act (5 U.S.C. 552, 553); 
Reorganization Plan No. 1 of 1980, 5 U.S.C. Appendix (Reorganization 
Plans).


0
2. In Sec.  1.34, revise paragraph (d) to read as follows:


Sec.  1.34  Office of Administration.

* * * * *
    (d) Manages the NRC Management Directives Program and provides 
translation services.

0
3. In Sec.  1.42, revise paragraph (a), redesignate paragraphs (b)(26) 
through (31) as paragraphs (b)(27) through (32), and add new paragraph 
(b)(26) to read as follows:


Sec.  1.42  Office of Nuclear Material Safety and Safeguards.

    (a) The Office of Nuclear Material Safety and Safeguards (NMSS) is 
responsible for regulating activities that provide for the safe and 
secure production of nuclear fuel used in commercial nuclear reactors; 
the safe storage, transportation, and disposal of low-level and high-
level radioactive waste and spent nuclear fuel; the transportation of 
radioactive materials regulated under the Atomic Energy Act of 1954, as 
amended (the Act); and all other medical, industrial, academic, and 
commercial uses of radioactive isotopes. The NMSS ensures safety and 
security by implementing a regulatory program involving activities 
including licensing, inspection, assessment of environmental impacts 
for all nuclear material facilities and activities, assessment of 
licensee performance, events analysis, enforcement, and identification 
and resolution of generic issues. The NMSS leads, manages, and 
facilitates rulemaking activities for new, advanced, and operating 
power reactors, as well as non-power utilization facilities; nuclear 
materials, including production of nuclear fuel used in commercial 
nuclear reactors, as well as storage, transportation, and disposal of 
high-level radioactive waste and spent nuclear fuel, and the 
transportation of radioactive materials regulated by the NRC.
    (b) * * *
    (26) Leads, manages, and facilitates the following rulemaking 
activities:
    (i) Develops and implements policies and procedures for the review 
and publication of NRC rulemakings, and ensures compliance with the 
Regulatory Flexibility Act and the Congressional Review Act;
    (ii) Supports all technical, financial, legal, and administrative 
rules, including the development of regulatory analyses and the orderly 
codification of the NRC's regulations in chapter I of this title; and
    (iii) Manages all aspects of the 10 CFR 2.802 Petition for 
Rulemaking process.
* * * * *

PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE

0
4. 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.


Sec.  2.101  [Amended]

0
5. In Sec.  2.101(a)(2), in the last sentence remove the reference 
``paragraph (g)'' and add in its place the reference ``paragraph (f)''.

0
6. In Sec.  2.802, revise paragraph (b) introductory text to read as 
follows:


Sec.  2.802  Petition for rulemaking--requirements for filing.

* * * * *
    (b) Consultation with the NRC. A petitioner may consult with the 
NRC staff before and after filing a petition for rulemaking by 
contacting the Chief, Regulatory Analysis and Rulemaking Support 
Branch, Division of Rulemaking, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 1-800-368-5642.
* * * * *

PART 34--LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY 
REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS

0
7. The authority citation for part 34 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.  34.101  [Amended]

0
8. In Sec.  34.101(c), remove the reference ``Sec.  30.6(a)(2)'' and 
add in its place the reference ``Sec.  30.6(b)(2)''.

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

0
9. 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
10. In Sec.  37.23, revise paragraph (b)(2) to read as follows:

Sec.  37.23  Access authorization program requirements.

* * * * *
    (b) * * *
    (2) Each licensee shall name one or more individuals to be 
reviewing officials. After completing the background investigation on 
the reviewing official, the licensee shall provide under oath or 
affirmation, a certification that the reviewing official is deemed 
trustworthy and reliable by the licensee. Provide oath or affirmation 
certifications to the ATTN: Document Control Desk; Director, Office of 
Nuclear Material Safety and Safeguards. The fingerprints of the named 
reviewing official must be taken by a law enforcement agency, Federal 
or State agencies that provide fingerprinting services to the public, 
or commercial fingerprinting services authorized by a State to take 
fingerprints. The licensee shall recertify that the reviewing official 
is deemed trustworthy and reliable every 10 years in accordance with 
Sec.  37.25(c).
* * * * *

0
11. In Sec.  37.43, revise paragraphs (d)(2), (d)(3) introductory text, 
(d)(3)(i), (d)(5) through (7), and (d)(8)(ii) to read as follows:

[[Page 30288]]

Sec.  37.43  General security program requirements.

* * * * *
    (d) * * *
    (2) Efforts to limit access shall include the development, 
implementation, and maintenance of written policies and procedures for 
controlling access to, and for proper handling and protection against 
unauthorized disclosure of, the security plan, implementing procedures, 
and the list of individuals that have been approved for unescorted 
access.
    (3) Before granting an individual access to the security plan, 
implementing procedures, or the list of individuals that have been 
approved for unescorted access, licensees shall:
    (i) Evaluate an individual's need to know the security plan, 
implementing procedures, or the list of individuals that have been 
approved for unescorted access; and
* * * * *
    (5) The licensee shall document the basis for concluding that an 
individual is trustworthy and reliable and should be granted access to 
the security plan, implementing procedures, or the list of individuals 
that have been approved for unescorted access.
    (6) Licensees shall maintain a list of persons currently approved 
for access to the security plan, implementing procedures, or the list 
of individuals that have been approved for unescorted access. When a 
licensee determines that a person no longer needs access to the 
security plan, implementing procedures, or the list of individuals that 
have been approved for unescorted access, or no longer meets the access 
authorization requirements for access to the information, the licensee 
shall remove the person from the approved list as soon as possible, but 
no later than 7 working days, and take prompt measures to ensure that 
the individual is unable to obtain the security plan, implementing 
procedures, or the list of individuals that have been approved for 
unescorted access.
    (7) When not in use, the licensee shall store its security plan, 
implementing procedures, and the list of individuals that have been 
approved for unescorted access in a manner to prevent unauthorized 
access. Information stored in nonremovable electronic form must be 
password protected.
    (8) * * *
    (ii) The list of individuals approved for access to the security 
plan, implementing procedures, or the list of individuals that have 
been approved for unescorted access.


Sec.  37.45  [Amended]

0
12. In Sec.  37.45(b) introductory text, remove the reference ``Sec.  
30.6(a)(2)'' and add in its place the reference ``Sec.  30.6(b)(2)''.


Sec.  37.77  [Amended]

0
13. In Sec.  37.77(a)(1), remove the title ``Division of Material 
Safety, State, Tribal, and Rulemaking Programs'' and add in its place 
the title ``Division of Materials Safety, Security, State, and Tribal 
Programs''.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
14. 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.  50.75  [Amended]

0
15. In Sec.  50.75(e)(1)(v), in the last sentence, remove the word 
``entity(ies)'' and add in its place the words ``entity or entities''.

PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

0
16. 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.


Sec.  71.97  [Amended]

0
17. In Sec.  71.97(c)(3)(iii), remove the title ``Division of Material 
Safety, State, Tribal, and Rulemaking Programs'' and add in its place 
the title ``Division of Materials Safety, Security, State, and Tribal 
Programs''.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
18. 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.  73.37  [Amended]

0
19. In Sec.  73.37(b)(2), remove the title ``Division of Material 
Safety, State, Tribal, and Rulemaking Programs'' and add in its place 
the title ``Division of Materials Safety, Security, State, and Tribal 
Programs''.


Sec.  73.70   [Amended]

0
20. In Sec.  73.70(g), in the first sentence, remove the word 
``vertification'' and add in its place the word ``verification''.

PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY 
AGREEMENTS

0
21. The authority citation for part 140 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 161, 170, 223, 234 
(42 U.S.C. 2201, 2210, 2273, 2282); Energy Reorganization Act of 
1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.


Sec.  140.2   [Amended]

0
22. In Sec.  140.2(b)(2), in the last sentence, add the article ``a'' 
before the last word ``license''.

0
23. Revise Sec.  140.3 to read as follows:


Sec.  140.3  Definitions.

    As used in this part:
    Act means the Atomic Energy Act of 1954 (68 Stat. 919) including 
any amendments thereto.
    Commission means the Nuclear Regulatory Commission or its duly 
authorized representatives.
    Department means the Department of Energy established by the 
Department of Energy Organization Act (Pub. L. 95-91, 91 Stat. 565, 42 
U.S.C. 7101 et seq.), to the extent that the Department, or its duly 
authorized representatives, exercises functions formerly vested in the 
U.S. Atomic Energy Commission, its Chairman, members, officers and 
components and transferred to the U.S. Energy Research and Development 
Administration and to the Administrator thereof pursuant to sections 
104 (b), (c) and (d) of the Energy Reorganization Act of 1974 (Pub. L. 
93-438, 88 Stat. 1233 at 1237, 42 U.S.C. 5814) and retransferred to the 
Secretary of Energy pursuant to section 301(a) of the Department of 
Energy Organization Act (Pub. L. 95-91, 91 Stat. 565 at 577-578, 42 
U.S.C. 7151).

[[Page 30289]]

    Federal agency means a Government agency such that any liability in 
tort based on the activities of such agency would be satisfied by funds 
appropriated by the Congress and paid out of the United States 
Treasury.
    Financial protection means the ability to respond in damages for 
public liability and to meet the cost of investigating and defending 
claims and settling suits for such damages.
    Government agency means any executive department, commission, 
independent establishment, corporation, wholly or partly owned by the 
United States of America which is an instrumentality of the United 
States, or any board, bureau, division, service, office, officer, 
authority, administration, or other establishment in the executive 
branch of the Government.
    Nuclear reactor means any apparatus, other than an atomic weapon, 
designed or used to sustain nuclear fission in a self-supporting chain 
reaction.
    Person means:
    (1) Any individual, corporation, partnership, firm, association, 
trust, estate, public or private institution, group, Government agency 
other than the Commission or the Department, except that the Department 
shall be considered a person within the meaning of the regulations in 
this part to the extent that its facilities and activities are subject 
to the licensing and related regulatory authority of the Commission 
pursuant to section 202 of the Energy Reorganization Act of 1974 (88 
Stat. 1244), any State or any political subdivision thereof, or any 
political entity within a State, any foreign government or nation or 
any political subdivision of any such government or nation, or other 
entity; and
    (2) Any legal successor, representative, agent, or agency of the 
foregoing.
    Plutonium processing and fuel fabrication plant means a plant in 
which the following operations or activities are conducted:
    (1) Operations for manufacture of reactor fuel containing 
plutonium, where the license or licenses authorize the possession of 
either five or more kilograms of plutonium, excluding that contained in 
sealed sources and welded or otherwise sealed unirradiated or 
irradiated fuel rods, at the site of the plant or authorize the 
processing of one or more kilograms of plutonium, excluding that 
contained in sealed sources and welded or otherwise sealed unirradiated 
or irradiated fuel rods, at the plant, including any of the following 
processes:
    (i) Preparation of fuel material;
    (ii) Formation of fuel material into desired shapes;
    (iii) Application of protective cladding;
    (iv) Recovery of scrap material; and
    (v) Storage associated with such operations; or
    (2) Research and development activities involving any of the 
operations described in paragraph (1) of this definition, except for 
research and development activities where the operator is licensed to 
possess or use plutonium in amounts less than those specified in 
paragraph (1).
    Source material means source material as defined in the regulations 
contained in part 40 of this chapter.
    Special nuclear material means:
    (1) Plutonium, uranium 233, uranium enriched in the isotope 233 or 
in the isotope 235, and any other material which the Commission, 
pursuant to the provisions of section 51 of the Act, determines to be 
special nuclear material, but does not include source material; or
    (2) Any material artificially enriched by any of the foregoing, but 
does not include source material.
    Testing reactor means a nuclear reactor which is of a type 
described in Sec.  50.21(c) of this chapter and for which an 
application has been filed for a license authorizing operation at:
    (1) A thermal power level in excess of 10 megawatts; or
    (2) A thermal power level in excess of 1 megawatt, if the reactor 
is to contain:
    (i) A circulating loop through the core in which the applicant 
proposes to conduct fuel experiments; or
    (ii) A liquid fuel loading; or
    (iii) An experimental facility in the core in excess of 16 square 
inches in cross-section.
    Uranium enrichment facility means:
    (1) Any facility used for separating the isotopes of uranium or 
enriching uranium in the isotope 235, except laboratory scale 
facilities designed or used for experimental or analytical purposes 
only; or
    (2) Any equipment or device, or important component part especially 
designed for such equipment or device, capable of separating the 
isotopes of uranium or enriching uranium in the isotope 235.


Sec.  140.13a  [Amended]

0
24. In Sec.  140.13a(a), in the last sentence, add the word 
``specified'' before ``in Sec.  140.15''.


Sec.  140.22  [Amended]

0
25. In Sec.  140.22, remove the word ``Committee'' and add in its place 
the word ``Commission''.

    Dated at Rockville, Maryland, this 22nd day of June 2018.

    For the Nuclear Regulatory Commission.
Pamela J. Shepherd-Vladimir,
Acting Chief, Regulatory Analysis and Rulemaking Support Branch, Office 
of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-13877 Filed 6-27-18; 8:45 am]
 BILLING CODE 7590-01-P
30286 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations

alphabetical order, and removes the is not subject to the requirements of the Freedom of information, Environmental
paragraph designations. Paperwork Reduction Act of 1995. protection, Hazardous waste, Nuclear
Clarifying Language. In § 140.13a(a), energy, Nuclear materials, Nuclear
Public Protection Notification
this final rule adds the word ‘‘specified’’ power plants and reactors, Penalties,
before ‘‘in § 140.15’’ in the last sentence. The NRC may not conduct or sponsor, Reporting and recordkeeping
Correct Typographical Error. In and a person is not required to respond requirements, Sex discrimination,
§ 140.22, this final rule corrects the title to, a collection of information unless the Source material, Special nuclear
from ‘‘Committee’’ to ‘‘Commission’’ in document requesting or requiring the material, Waste treatment and disposal.
collection displays a currently valid
the last sentence. 10 CFR Part 34
OMB control number.
III. Rulemaking Procedure Criminal penalties, Incorporation by
VI. Plain Writing
Under the Administrative Procedure reference, Manpower training programs,
The Plain Writing Act of 2010 Occupational safety and health,
Act (5 U.S.C. 553(b)), an agency may (Pub. L. 111–274) requires Federal
waive publication in the Federal Packaging and containers, Penalties,
agencies to write documents in a clear, Radiation protection, Radiography,
Register of a notice of proposed concise, and well-organized manner.
rulemaking and opportunity for Reporting and recordkeeping
The NRC has written this document to requirements, Scientific equipment,
comment requirements if it finds, for be consistent with the Plain Writing Act
good cause, that it is impracticable, Security measures, X-rays.
as well as the Presidential
unnecessary, or contrary to the public Memorandum, ‘‘Plain Language in 10 CFR Part 37
interest. As authorized by 5 U.S.C. Government Writing,’’ published June Byproduct material, Criminal
553(b)(3)(B), the NRC finds good cause 10, 1998 (63 FR 31883). penalties, Exports, Hazardous materials
to waive notice and opportunity for
VII. Backfitting and Issue Finality transportation, Imports, Licensed
comment on these amendments,
material, Nuclear materials, Penalties,
because notice and opportunity for The NRC has determined that the Radioactive materials, Reporting and
comment is unnecessary. The corrections in this final rule do not recordkeeping requirements, Security
amendments will have no substantive constitute backfitting and are not measures.
impact and are of a minor and inconsistent with any of the issue
administrative nature dealing with finality provisions in 10 CFR part 52. 10 CFR Part 50
corrections to certain CFR sections or The amendments are non-substantive in Administrative practice and
are related only to agency management, nature; they update branch, division, procedure, Antitrust, Classified
organization, procedure, and practice. and office titles; update descriptions of information, Criminal penalties,
Specifically, the revisions update agency organization and functions; Education, Fire prevention, Fire
branch, division, and office titles; correct cross-reference, typographical, protection, Incorporation by reference,
update descriptions of agency and grammatical errors; and add a Intergovernmental relations, Nuclear
organization and functions; correct certification recipient and clarifying power plants and reactors, Penalties,
cross-reference, typographical, and language. They impose no new Radiation protection, Reactor siting
grammatical errors; and add a requirements and make no substantive criteria, Reporting and recordkeeping
certification recipient and clarifying changes to the regulations. The requirements, Whistleblowing.
language. The Commission is exercising corrections do not involve any
its authority under 5 U.S.C. 553(b)(3)(B) provisions that would impose backfits 10 CFR Part 71
to publish these amendments as a final as defined in 10 CFR chapter I, or would Criminal penalties, Hazardous
rule. The amendments are effective July be inconsistent with the issue finality materials transportation, Incorporation
30, 2018. These amendments do not provisions in 10 CFR part 52. For these by reference, Intergovernmental
require action by any person or entity reasons, the issuance of the rule in final relations, Nuclear materials, Packaging
regulated by the NRC, and do not form would not constitute backfitting or and containers, Penalties, Radioactive
change the substantive responsibilities represent a violation of any of the issue materials, Reporting and recordkeeping
of any person or entity regulated by the finality provisions in 10 CFR part 52. requirements.
NRC. Therefore, the NRC has not prepared
10 CFR Part 73
IV. Environmental Impact: Categorical any additional documentation for this
administrative rulemaking addressing Criminal penalties, Exports,
Exclusion
backfitting or issue finality. Hazardous materials transportation,
The NRC has determined that this Incorporation by reference, Imports,
final rule is the type of action described VIII. Congressional Review Act Nuclear energy, Nuclear materials,
in 10 CFR 51.22(c)(2), which This final rule is not a rule as defined Nuclear power plants and reactors,
categorically excludes from in the Congressional Review Act Penalties, Reporting and recordkeeping
environmental review rules that are (5 U.S.C. 801–808). requirements, Security measures.
corrective or of a minor, nonpolicy List of Subjects 10 CFR Part 140
nature and do not substantially modify
existing regulations. Therefore, neither 10 CFR Part 1 Criminal penalties, Extraordinary
an environmental impact statement nor Flags, Organization and functions nuclear occurrence, Insurance,
an environmental assessment has been (government agencies), Seals and Intergovernmental relations, Nuclear
prepared for this rule. insignia. materials, Nuclear power plants and
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reactors, Penalties, Reporting and
V. Paperwork Reduction Act 10 CFR Part 2 recordkeeping requirements.
This final rule does not contain a Administrative practice and For the reasons set out in the
collection of information as defined in procedure, Antitrust, Byproduct preamble and under the authority of the
the Paperwork Reduction Act of 1995 material, Classified information, Atomic Energy Act of 1954, as amended;
(44 U.S.C. 3501 et seq.) and, therefore, Confidential business information; the Energy Reorganization Act of 1974,

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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 30287

as amended; and 5 U.S.C. 552 and 553, radioactive materials regulated by the PART 34—LICENSES FOR
the NRC is adopting the following NRC. INDUSTRIAL RADIOGRAPHY AND
amendments to 10 CFR parts 1, 2, 34, (b) * * * RADIATION SAFETY REQUIREMENTS
37, 50, 71, 73, and 140: FOR INDUSTRIAL RADIOGRAPHIC
(26) Leads, manages, and facilitates
OPERATIONS
PART 1—STATEMENT OF the following rulemaking activities:
ORGANIZATION AND GENERAL (i) Develops and implements policies ■ 7. The authority citation for part 34
INFORMATION and procedures for the review and continues to read as follows:
publication of NRC rulemakings, and Authority: Atomic Energy Act of 1954,
■ 1. The authority citation for part 1 ensures compliance with the Regulatory secs. 81, 161, 181, 182, 183, 223, 234, 274 (42
continues to read as follows: Flexibility Act and the Congressional U.S.C. 2111, 2201, 2231, 2232, 2233, 2273,
Authority: Atomic Energy Act of 1954, Review Act; 2282, 2021); Energy Reorganization Act of
secs. 23, 25, 29, 161, 191 (42 U.S.C. 2033, 1974, secs. 201, 206 (42 U.S.C. 5841, 5846);
2035, 2039, 2201, 2241); Energy
(ii) Supports all technical, financial, 44 U.S.C. 3504 note.
Reorganization Act of 1974, secs. 201, 203, legal, and administrative rules,
204, 205, 209 (42 U.S.C. 5841, 5843, 5844, including the development of regulatory § 34.101 [Amended]
5845, 5849); Administrative Procedure Act (5 analyses and the orderly codification of ■ 8. In § 34.101(c), remove the reference
U.S.C. 552, 553); Reorganization Plan No. 1 the NRC’s regulations in chapter I of this ‘‘§ 30.6(a)(2)’’ and add in its place the
of 1980, 5 U.S.C. Appendix (Reorganization title; and reference ‘‘§ 30.6(b)(2)’’.
Plans).
(iii) Manages all aspects of the 10 CFR
■ 2. In § 1.34, revise paragraph (d) to 2.802 Petition for Rulemaking process. PART 37—PHYSICAL PROTECTION OF
read as follows: CATEGORY 1 AND CATEGORY 2
* * * * *
QUANTITIES OF RADIOACTIVE
§ 1.34 Office of Administration. MATERIAL
PART 2—AGENCY RULES OF
* * * * * PRACTICE AND PROCEDURE
(d) Manages the NRC Management ■ 9. The authority citation for part 37
Directives Program and provides continues to read as follows:
■ 4. The authority citation for part 2
translation services. Authority: Atomic Energy Act of 1954,
continues to read as follows:
■ 3. In § 1.42, revise paragraph (a), secs. 11, 53, 81, 103, 104, 147, 148, 149, 161,
redesignate paragraphs (b)(26) through Authority: Atomic Energy Act of 1954, 182, 183, 223, 234, 274 (42 U.S.C. 2014, 2073,
secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 2111, 2133, 2134, 2167, 2168, 2169, 2201,
(31) as paragraphs (b)(27) through (32),
161, 181, 182, 183, 184, 186, 189, 191, 234 2232, 2233, 2273, 2282, 2021); Energy
and add new paragraph (b)(26) to read (42 U.S.C. 2039, 2073, 2092, 2093, 2111, Reorganization Act of 1974, secs. 201, 202
as follows: 2132, 2133, 2134, 2135, 2201, 2231, 2232, (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
§ 1.42 Office of Nuclear Material Safety 2233, 2234, 2236, 2239, 2241, 2282); Energy ■ 10. In § 37.23, revise paragraph (b)(2)
and Safeguards. Reorganization Act of 1974, secs. 201, 206
to read as follows:
(42 U.S.C. 5841, 5846); Nuclear Waste Policy
(a) The Office of Nuclear Material Act of 1982, secs. 114(f), 134, 135, 141 (42
Safety and Safeguards (NMSS) is § 37.23 Access authorization program
U.S.C. 10134(f), 10154, 10155, 10161); requirements.
responsible for regulating activities that Administrative Procedure Act (5 U.S.C. 552,
provide for the safe and secure 553, 554, 557, 558); National Environmental * * * * *
production of nuclear fuel used in Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. (b) * * *
commercial nuclear reactors; the safe 3504 note. (2) Each licensee shall name one or
storage, transportation, and disposal of Section 2.205(j) also issued under 28 more individuals to be reviewing
low-level and high-level radioactive U.S.C. 2461 note. officials. After completing the
waste and spent nuclear fuel; the background investigation on the
§ 2.101 [Amended] reviewing official, the licensee shall
transportation of radioactive materials
regulated under the Atomic Energy Act provide under oath or affirmation, a
■ 5. In § 2.101(a)(2), in the last sentence
of 1954, as amended (the Act); and all certification that the reviewing official
remove the reference ‘‘paragraph (g)’’
other medical, industrial, academic, and is deemed trustworthy and reliable by
and add in its place the reference
commercial uses of radioactive isotopes. the licensee. Provide oath or affirmation
‘‘paragraph (f)’’.
The NMSS ensures safety and security certifications to the ATTN: Document
by implementing a regulatory program ■ 6. In § 2.802, revise paragraph (b) Control Desk; Director, Office of Nuclear
involving activities including licensing, introductory text to read as follows: Material Safety and Safeguards. The
inspection, assessment of environmental fingerprints of the named reviewing
§ 2.802 Petition for rulemaking— official must be taken by a law
impacts for all nuclear material facilities requirements for filing.
and activities, assessment of licensee enforcement agency, Federal or State
* * * * * agencies that provide fingerprinting
performance, events analysis,
enforcement, and identification and (b) Consultation with the NRC. A services to the public, or commercial
resolution of generic issues. The NMSS petitioner may consult with the NRC fingerprinting services authorized by a
leads, manages, and facilitates staff before and after filing a petition for State to take fingerprints. The licensee
rulemaking activities for new, advanced, rulemaking by contacting the Chief, shall recertify that the reviewing official
and operating power reactors, as well as Regulatory Analysis and Rulemaking is deemed trustworthy and reliable
non-power utilization facilities; nuclear Support Branch, Division of every 10 years in accordance with
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materials, including production of Rulemaking, Office of Nuclear Material § 37.25(c).
nuclear fuel used in commercial nuclear Safety and Safeguards, U.S. Nuclear * * * * *
reactors, as well as storage, Regulatory Commission, Washington, ■ 11. In § 37.43, revise paragraphs
transportation, and disposal of high- DC 20555–0001; telephone: 1–800–368– (d)(2), (d)(3) introductory text, (d)(3)(i),
level radioactive waste and spent 5642. (d)(5) through (7), and (d)(8)(ii) to read
nuclear fuel, and the transportation of * * * * * as follows:

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30288 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations

§ 37.43 General security program § 37.45 [Amended] 170I, 223, 229, 234, 1701 (42 U.S.C. 2073,
requirements. 2167, 2169, 2201, 2210d, 2210e, 2210h,
■ 12. In § 37.45(b) introductory text, 2210i, 2273, 2278a, 2282, 2297f); Energy
* * * * * remove the reference ‘‘§ 30.6(a)(2)’’ and Reorganization Act of 1974, secs. 201, 202
(d) * * * add in its place the reference (42 U.S.C. 5841, 5842); Nuclear Waste Policy
(2) Efforts to limit access shall include ‘‘§ 30.6(b)(2)’’. Act of 1982, secs. 135, 141 (42 U.S.C. 10155,
the development, implementation, and 10161); 44 U.S.C. 3504 note.
§ 37.77 [Amended] Section 73.37(b)(2) also issued under Sec.
maintenance of written policies and
■ 13. In § 37.77(a)(1), remove the title 301, Public Law 96–295, 94 Stat. 789 (42
procedures for controlling access to, and U.S.C. 5841 note).
for proper handling and protection ‘‘Division of Material Safety, State,
against unauthorized disclosure of, the Tribal, and Rulemaking Programs’’ and § 73.37 [Amended]
security plan, implementing procedures, add in its place the title ‘‘Division of
Materials Safety, Security, State, and ■ 19. In § 73.37(b)(2), remove the title
and the list of individuals that have ‘‘Division of Material Safety, State,
been approved for unescorted access. Tribal Programs’’.
Tribal, and Rulemaking Programs’’ and
(3) Before granting an individual PART 50—DOMESTIC LICENSING OF add in its place the title ‘‘Division of
access to the security plan, PRODUCTION AND UTILIZATION Materials Safety, Security, State, and
implementing procedures, or the list of FACILITIES Tribal Programs’’.
individuals that have been approved for
14. The authority citation for part 50 § 73.70 [Amended]
unescorted access, licensees shall: ■
(i) Evaluate an individual’s need to continues to read as follows: ■ 20. In § 73.70(g), in the first sentence,
know the security plan, implementing Authority: Atomic Energy Act of 1954, remove the word ‘‘vertification’’ and
procedures, or the list of individuals secs. 11, 101, 102, 103, 104, 105, 108, 122, add in its place the word ‘‘verification’’.
that have been approved for unescorted 147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131, PART 140—FINANCIAL PROTECTION
access; and REQUIREMENTS AND INDEMNITY
2132, 2133, 2134, 2135, 2138, 2152, 2167,
* * * * * 2169, 2201, 2231, 2232, 2233, 2234, 2235, AGREEMENTS
(5) The licensee shall document the 2236, 2237, 2239, 2273, 2282); Energy
basis for concluding that an individual Reorganization Act of 1974, secs. 201, 202, ■ 21. The authority citation for part 140
is trustworthy and reliable and should 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); continues to read as follows:
be granted access to the security plan, Nuclear Waste Policy Act of 1982, sec. 306 Authority: Atomic Energy Act of 1954,
(42 U.S.C. 10226); National Environmental secs. 161, 170, 223, 234 (42 U.S.C. 2201,
implementing procedures, or the list of Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C.
individuals that have been approved for 2210, 2273, 2282); Energy Reorganization Act
3504 note; Sec. 109, Pub. L. 96–295, 94 Stat. of 1974, secs. 201, 202 (42 U.S.C. 5841,
unescorted access. 783. 5842); 44 U.S.C. 3504 note.
(6) Licensees shall maintain a list of
§ 50.75 [Amended] § 140.2 [Amended]
persons currently approved for access to
the security plan, implementing ■ 15. In § 50.75(e)(1)(v), in the last ■ 22. In § 140.2(b)(2), in the last
procedures, or the list of individuals sentence, remove the word ‘‘entity(ies)’’ sentence, add the article ‘‘a’’ before the
that have been approved for unescorted and add in its place the words ‘‘entity last word ‘‘license’’.
access. When a licensee determines that or entities’’. ■ 23. Revise § 140.3 to read as follows:
a person no longer needs access to the
security plan, implementing procedures, PART 71—PACKAGING AND § 140.3 Definitions.
or the list of individuals that have been TRANSPORTATION OF RADIOACTIVE As used in this part:
approved for unescorted access, or no MATERIAL Act means the Atomic Energy Act of
longer meets the access authorization 1954 (68 Stat. 919) including any
■ 16. The authority citation for part 71
requirements for access to the amendments thereto.
continues to read as follows: Commission means the Nuclear
information, the licensee shall remove
the person from the approved list as Authority: Atomic Energy Act of 1954, Regulatory Commission or its duly
soon as possible, but no later than 7 secs. 53, 57, 62, 63, 81, 161, 182, 183, 223, authorized representatives.
234, 1701 (42 U.S.C. 2073, 2077, 2092, 2093, Department means the Department of
working days, and take prompt 2111, 2201, 2232, 2233, 2273, 2282, 2297f);
measures to ensure that the individual Energy established by the Department of
Energy Reorganization Act of 1974, secs. 201, Energy Organization Act (Pub. L. 95–91,
is unable to obtain the security plan, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846,
implementing procedures, or the list of 91 Stat. 565, 42 U.S.C. 7101 et seq.), to
5851); Nuclear Waste Policy Act of 1982, sec.
individuals that have been approved for 180 (42 U.S.C. 10175); 44 U.S.C. 3504 note. the extent that the Department, or its
unescorted access. duly authorized representatives,
§ 71.97 [Amended] exercises functions formerly vested in
(7) When not in use, the licensee shall the U.S. Atomic Energy Commission, its
store its security plan, implementing ■ 17. In § 71.97(c)(3)(iii), remove the
title ‘‘Division of Material Safety, State, Chairman, members, officers and
procedures, and the list of individuals components and transferred to the U.S.
that have been approved for unescorted Tribal, and Rulemaking Programs’’ and
add in its place the title ‘‘Division of Energy Research and Development
access in a manner to prevent Administration and to the
unauthorized access. Information stored Materials Safety, Security, State, and
Tribal Programs’’. Administrator thereof pursuant to
in nonremovable electronic form must sections 104 (b), (c) and (d) of the
be password protected. Energy Reorganization Act of 1974
PART 73—PHYSICAL PROTECTION OF
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(8) * * * PLANTS AND MATERIALS (Pub. L. 93–438, 88 Stat. 1233 at 1237,
(ii) The list of individuals approved 42 U.S.C. 5814) and retransferred to the
for access to the security plan, ■ 18. The authority citation for part 73 Secretary of Energy pursuant to section
implementing procedures, or the list of continues to read as follows: 301(a) of the Department of Energy
individuals that have been approved for Authority: Atomic Energy Act of 1954, Organization Act (Pub. L. 95–91, 91
unescorted access. secs. 53, 147, 149, 161, 170D, 170E, 170H, Stat. 565 at 577–578, 42 U.S.C. 7151).

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Document Created: 2018-11-06 09:55:37
Document Modified: 2018-11-06 09:55:37
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on July 30, 2018.
Contact		Jill Shepherd-Vladimir, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1230, email: [email protected]
FR Citation		83 FR 30285
RIN Number		3150-AK13
CFR Citation		10 CFR 140 10 CFR 1 10 CFR 2 10 CFR 34 10 CFR 37 10 CFR 50 10 CFR 71 10 CFR 73
CFR Associated		Flags; Organization and Functions (Government Agencies); Seals and Insignia; Extraordinary Nuclear Occurrence; Insurance; 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; Criminal Penalties; Incorporation by Reference; Manpower Training Programs; Occupational Safety and Health; Packaging and Containers; Radiation Protection; Radiography; Scientific Equipment; Security Measures; X-Rays; Exports; Hazardous Materials Transportation; Imports; Licensed Material; Radioactive Materials; Education; Fire Prevention; Fire Protection; Intergovernmental Relations; Reactor Siting Criteria and Whistleblowing