83 FR 58721 - Miscellaneous Corrections-Organizational Changes

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 225 (November 21, 2018)

Page Range		58721-58724
FR Document		2018-25378
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include removing an office from a list of office recipients, removing an office reference, correcting an office designation and a phone number, removing and correcting division titles, and removing a followup reporting instruction. This document is necessary to inform the public of these non-substantive amendments to the NRC's regulations.
Federal Register, Volume 83 Issue 225 (Wednesday, November 21, 2018)
[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Rules and Regulations]
[Pages 58721-58724]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25378]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
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under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 83 , No. 225 / Wednesday, November 21, 2018 / 
Rules and Regulations

[[Page 58721]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 37, 40, 70, 71, 72, 73, 76, and 95

[NRC-2018-0183]
RIN 3150-AK14


Miscellaneous Corrections--Organizational Changes

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 
removing an office from a list of office recipients, removing an office 
reference, correcting an office designation and a phone number, 
removing and correcting division titles, and removing a followup 
reporting instruction. 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 21, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0183 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-2018-0183. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 http://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 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 37, 40, 70, 71, 72, 
73, 76, and 95 of title 10 of the Code of Federal Regulations (10 CFR) 
to make miscellaneous corrections. These changes include removing an 
office from a list of office recipients, removing an office reference, 
correcting an office designation and a phone number, removing and 
correcting division titles, and removing a followup reporting 
instruction. This document is necessary to inform the public of these 
non-substantive amendments to the NRC's regulations.

II. Summary of Changes

10 CFR Part 37

    Remove Office Reference. In Sec.  37.7(a), this final rule removes 
the Director, Division of Security Policy, Office of Nuclear Security 
and Incident Response, from the list of recipients.

10 CFR Parts 37 and 40

    Remove Reporting Instruction. In Sec. Sec.  37.81(g) and 
40.64(c)(2) and (3), this final rule removes the erroneous instructions 
for where to submit a copy of a followup notification. These paragraphs 
already point to the sections that provide the appropriate mailing 
address and addressee(s).

10 CFR Parts 37, 40, 70, 71, 72, and 73

    Remove Division Title. In Sec. Sec.  37.77, 40.23(b)(1), 40.66(a) 
and (b)(5), 40.67(a), 70.5, 70.20, 71.97, 73.4, 73.37, 73.71, 73.72, 
73.73, and 73.74, this final rule removes the Division of Security 
Policy to ensure that correspondence goes directly to the Director, 
Office of Nuclear Security and Incident Response rather than to a 
division director.

10 CFR Parts 40, 73, and 76

    Correct Division Title. In Sec. Sec.  40.23(c), 40.66(c), and 
40.67(c) and (d), 73.26, 73.27, 73.67, and 76.5a, this final rule 
corrects the title of the Division of Security Policy to read as 
Division of Physical and Cyber Security Policy.

10 CFR Part 40

    Correct Designation. In Sec.  40.23(b)(2)(ix), this final rule 
replaces the Division of Security Policy with the higher level 
designation of the Office of Nuclear Security and Incident Response.
    Correct Telephone Number. In Sec.  40.23(d), this final rule 
removes the incorrect telephone number ``(301) 415-6828'' and replaces 
it with the correct telephone number ``(301) 287-3598'' for the 
Director of the Division of Physical and Cyber Security Policy.

10 CFR Part 70

    Correct Office Designation. In Sec.  70.32(c)(2), (e), and (i), 
this final rule replaces the Office of Nuclear Security and Incident 
Response with the Office of Nuclear Material Safety and Safeguards.

10 CFR Part 72

    Remove Division Title. In Sec.  72.186(b), this final rule removes 
the Division of Spent Fuel Management so that notifications go to the 
Director, Office of Nuclear Material Safety and Safeguards rather than 
to division level management.

10 CFR Part 95

    Remove Division Title. In Sec.  95.9(a), this final rule removes 
the Division of Security Operations so that notification go to Office 
level management rather than division level management.

III. Rulemaking Procedure

    Under section 553(b) of the Administrative Procedure Act (5 U.S.C. 
553(b)), an agency may waive the requirements for publication in the 
Federal Register of a notice of proposed rulemaking and opportunity for 
comment 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

[[Page 58722]]

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. These changes include removing an office from a list of 
office recipients, removing an office reference, correcting an office 
designation and a phone number, removing and correcting division 
titles, and removing a followup reporting instruction. 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, 
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, including removing an office from a list of 
office recipients, removing an office reference, correcting an office 
designation and a phone number, removing and correcting division 
titles, and removing a followup reporting instruction. 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 correction rulemaking addressing backfitting or 
issue finality.

VIII. Congressional Review Act

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

List of Subjects

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 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 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 72

    Administrative practice and procedure, Hazardous waste, Indians, 
Intergovernmental relations, Nuclear energy, Penalties, Radiation 
protection, Reporting and recordkeeping requirements, Security 
measures, Spent fuel, Whistleblowing.

10 CFR Part 73

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

10 CFR Part 76

    Certification, Criminal penalties, Nuclear energy, Penalties, 
Radiation protection, Reporting and recordkeeping requirements, 
Security measures, Special nuclear material, Uranium, Uranium 
enrichment by gaseous diffusion.

10 CFR Part 95

    Classified information, Criminal penalties, Penalties, Reporting 
and recordkeeping requirements, Security measures.

    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 37, 40, 70, 71, 72, 73, 76, 
and 95:

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

0
1. 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
2. Revise Sec.  37.7(a) to read as follows:


Sec.  37.7  Communications.

* * * * *
    (a) By mail addressed to: ATTN: Document Control Desk; Director, 
Office of Nuclear Reactor Regulation; Director, Office of New Reactors; 
or Director, Office of Nuclear Material Safety and Safeguards, as 
appropriate, U.S. Nuclear

[[Page 58723]]

Regulatory Commission, Washington, DC 20555-0001;
* * * * *


Sec.  37.77  [Amended]

0
3. In Sec.  37.77, wherever it appears, remove the title ``Division of 
Security Policy,'' and in paragraph (c)(1), remove the phrase ``of 
Nuclear Security''.


Sec.  37.81  [Amended]

0
4. In Sec.  37.81(g) introductory text, remove the third sentence.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

0
5. 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.


Sec.  40.23  [Amended]

0
6. Amend Sec.  40.23 as follows:
0
a. In paragraph (b)(1), remove the title ``Division of Security 
Policy,'';
0
b. In paragraph (b)(2)(ix), remove the title ``Division of Security 
Policy'' and add in its place the title ``Office of Nuclear Security 
and Incident Response''.
0
c. In paragraph (c), remove the title ``Division of Security Policy'' 
and add in its place the title ``Division of Physical and Cyber 
Security Policy''.
0
d. In paragraph (d), remove the title ``Division of Security Policy'' 
and add in its place the title ``Division of Physical and Cyber 
Security Policy''; and remove the telephone number ``(301) 415-6828'' 
and add in its place the telephone number ``301-287-3598''.


Sec.  40.64  [Amended]

0
7. In Sec.  40.64(c)(2) and (3), remove the last sentence in each 
paragraph.


Sec.  40.66  [Amended]

0
8. Amend Sec.  40.66 as follows:
0
a. In paragraph (a), remove the title ``Division of Security Policy,'';
0
b. In paragraph (b)(5), remove the title ``Division of Security 
Policy,'' and add in its place the title ``Director,''; and
0
c. In paragraph (c), remove the title ``Division of Security Policy,'' 
and add in its place the title ``Director,''.


Sec.  40.67  [Amended]

0
9. Amend Sec.  40.67 as follows:
0
a. In paragraph (a), remove the title ``Division of Security Policy,''; 
and
0
b. In paragraphs (c) and (d), remove the title ``Division of Security 
Policy'' and add in its place the phrase ``Director, Office of Nuclear 
Security and Incident Response''.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
10. The authority citation for part 70 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 51, 53, 57(d), 108, 
122, 161, 182, 183, 184, 186, 187, 193, 223, 234, 274, 1701 (42 
U.S.C. 2071, 2073, 2077(d), 2138, 2152, 2201, 2232, 2233, 2234, 
2236, 2237, 2243, 2273, 2282, 2021, 2297f); Energy Reorganization 
Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 
5851); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 
10155, 10161); 44 U.S.C. 3504 note.


Sec.  Sec.  70.5 and 70.20b  [Amended]

0
11. In Sec. Sec.  70.5 and 70.20b, wherever it appears, remove the 
title ``Division of Security Policy,''.


Sec.  70.32  [Amended]

0
12. In Sec.  70.32, wherever it appears, remove the title ``Division of 
Security Policy, Office of Nuclear Security and Incident Response'' and 
add in its place the title ``Office of Nuclear Material Safety and 
Safeguards''.

PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

0
13. 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, 
Public Law 96-295, 94 Stat. 789 (42 U.S.C. 5841 note).


Sec.  71.97  [Amended]

0
14. In Sec.  71.97, wherever it appears, remove the title ``Division of 
Security Policy,''.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
15. The authority citation for part 72 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.


Sec.  72.186  [Amended]

0
16. In Sec.  72.186(b), remove the title ``Division of Spent Fuel 
Management,''.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
17. 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.  Sec.  73.4, 73.37, 73.71, 73.72, 73.73 and 73.74  [Amended]

0
18. In Sec. Sec.  73.4, 73.37, 73.71, 73.72, 73.73, and 73.74, wherever 
it appears, remove the title ``Division of Security Policy,''.


Sec.  Sec.  73.26, 73.27, and 73.67  [Amended]

0
19. In Sec. Sec.  73.26, 73.27, and 73.67, wherever it appears, remove 
the title ``Division of Security Policy'' and add in its place the 
title ``Division of Physical and Cyber Security Policy''.

PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS

0
20. The authority citation for part 76 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 122, 161, 193(f), 
223, 234, 1701 (42 U.S.C. 2152, 2201, 2243(f), 2273, 2282, 2297f); 
Energy Reorganization Act of 1974, secs. 201, 206, 211 (42 U.S.C. 
5841, 5846, 5851); 44 U.S.C. 3504 note.


Sec.  76.5  [Amended]

0
21. In Sec.  76.5(a), remove the title ``Division of Security 
Policy,''.

[[Page 58724]]

PART 95--FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL 
SECURITY INFORMATION AND RESTRICTED DATA

0
22. The authority citation for part 95 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 145, 161, 223, 234 
(42 U.S.C. 2165, 2201, 2273, 2282); Energy Reorganization Act of 
1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 3504 note; E.O. 10865, as 
amended, 25 FR 1583, 3 CFR, 1959-1963 Comp., p. 398; E.O. 12829, 58 
FR 3479, 3 CFR, 1993 Comp., p. 570; E.O. 12968, 60 FR 40245, 3 CFR, 
1995 Comp., p. 391; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p. 
298.


Sec.  95.9  [Amended]

0
23. In Sec.  95.9(a), remove the title ``Division of Security 
Operations,''.

    Dated at Rockville, Maryland, this 16th day of November 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. 2018-25378 Filed 11-20-18; 8:45 am]
BILLING CODE 7590-01-P
58722 Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Rules and Regulations

amendments, because notice and constitute backfitting and are not materials, Reporting and recordkeeping
opportunity for comment is inconsistent with any of the issue requirements.
unnecessary. The amendments will finality provisions in 10 CFR part 52.
10 CFR Part 72
have no substantive impact and are of The amendments are non-substantive in
a minor and administrative nature nature, including removing an office Administrative practice and
dealing with corrections to certain CFR from a list of office recipients, removing procedure, Hazardous waste, Indians,
sections or are related only to an office reference, correcting an office Intergovernmental relations, Nuclear
management, organization, procedure, designation and a phone number, energy, Penalties, Radiation protection,
and practice. These changes include removing and correcting division titles, Reporting and recordkeeping
removing an office from a list of office and removing a followup reporting requirements, Security measures, Spent
recipients, removing an office reference, instruction. They impose no new fuel, Whistleblowing.
correcting an office designation and a requirements and make no substantive
changes to the regulations. The 10 CFR Part 73
phone number, removing and correcting
division titles, and removing a followup corrections do not involve any Criminal penalties, Exports,
reporting instruction. The Commission provisions that would impose backfits Hazardous materials transportation,
is exercising its authority under 5 U.S.C. as defined in 10 CFR chapter I, or would Incorporation by reference, Imports,
553(b) to publish these amendments as be inconsistent with the issue finality Nuclear energy, Nuclear materials,
a final rule. The amendments are provisions in 10 CFR part 52. For these Nuclear power plants and reactors,
effective December 21, 2018. These reasons, the issuance of the rule in final Penalties, Reporting and recordkeeping
amendments do not require action by form would not constitute backfitting or requirements, Security measures.
any person or entity regulated by the represent a violation of any of the issue
finality provisions in 10 CFR part 52. 10 CFR Part 76
NRC, and do not change the substantive
responsibilities of any person or entity Therefore, the NRC has not prepared Certification, Criminal penalties,
regulated by the NRC. any additional documentation for this Nuclear energy, Penalties, Radiation
correction rulemaking addressing protection, Reporting and recordkeeping
IV. Environmental Impact: Categorical backfitting or issue finality. requirements, Security measures,
Exclusion
VIII. Congressional Review Act Special nuclear material, Uranium,
The NRC has determined that this Uranium enrichment by gaseous
final rule is the type of action described This final rule is not a rule as defined diffusion.
in 10 CFR 51.22(c)(2), which in the Congressional Review Act (5
categorically excludes from U.S.C. 801–808). 10 CFR Part 95
environmental review rules that are List of Subjects Classified information, Criminal
corrective or of a minor, nonpolicy penalties, Penalties, Reporting and
nature and do not substantially modify 10 CFR Part 37
recordkeeping requirements, Security
existing regulations. Therefore, neither Byproduct material, Criminal measures.
an environmental impact statement nor penalties, Exports, Hazardous materials
an environmental assessment has been transportation, Imports, Licensed For the reasons set out in the
prepared for this rule. material, Nuclear materials, Penalties, preamble and under the authority of the
Radioactive materials, Reporting and Atomic Energy Act of 1954, as amended;
V. Paperwork Reduction Act the Energy Reorganization Act of 1974,
recordkeeping requirements, Security
This final rule does not contain a measures. as amended; and 5 U.S.C. 552 and 553,
collection of information as defined in the NRC is adopting the following
the Paperwork Reduction Act of 1995 10 CFR Part 40 amendments to 10 CFR parts 37, 40, 70,
(44 U.S.C. 3501 et seq.) and, therefore, Criminal penalties, Exports, 71, 72, 73, 76, and 95:
is not subject to the requirements of the Government contracts, Hazardous
materials transportation, Hazardous PART 37—PHYSICAL PROTECTION OF
Paperwork Reduction Act of 1995.
waste, Nuclear energy, Nuclear CATEGORY 1 AND CATEGORY 2
Public Protection Notification materials, Penalties, Reporting and QUANTITIES OF RADIOACTIVE
The NRC may not conduct or sponsor, recordkeeping requirements, Source MATERIAL
and a person is not required to respond material, Uranium, Whistleblowing.
to, a collection of information unless the ■ 1. The authority citation for part 37
document requesting or requiring the 10 CFR Part 70 continues to read as follows:
collection displays a currently valid Classified information, Criminal Authority: Atomic Energy Act of 1954,
OMB control number. penalties, Emergency medical services, secs. 11, 53, 81, 103, 104, 147, 148, 149, 161,
Hazardous materials transportation, 182, 183, 223, 234, 274 (42 U.S.C. 2014, 2073,
VI. Plain Writing Material control and accounting, 2111, 2133, 2134, 2167, 2168, 2169, 2201,
The Plain Writing Act of 2010 (Pub. Nuclear energy, Nuclear materials, 2232, 2233, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202
L. 111–274) requires Federal agencies to Packaging and containers, Penalties, (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
write documents in a clear, concise, and Radiation protection, Reporting and
well-organized manner. The NRC has recordkeeping requirements, Scientific ■ 2. Revise § 37.7(a) to read as follows:
written this document to be consistent equipment, Security measures, Special
§ 37.7 Communications.
with the Plain Writing Act as well as the nuclear material, Whistleblowing.
khammond on DSK30JT082PROD with RULES

Presidential Memorandum, ‘‘Plain * * * * *
10 CFR Part 71 (a) By mail addressed to: ATTN:
Language in Government Writing,’’
published June 10, 1998 (63 FR 31883). Criminal penalties, Hazardous Document Control Desk; Director, Office
materials transportation, Incorporation of Nuclear Reactor Regulation; Director,
VII. Backfitting and Issue Finality by reference, Intergovernmental Office of New Reactors; or Director,
The NRC has determined that the relations, Nuclear materials, Packaging Office of Nuclear Material Safety and
corrections in this final rule do not and containers, Penalties, Radioactive Safeguards, as appropriate, U.S. Nuclear

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Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Rules and Regulations 58723

Regulatory Commission, Washington, ■ a. In paragraph (a), remove the title Authority: Atomic Energy Act of 1954,
DC 20555–0001; ‘‘Division of Security Policy,’’; and secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,
* * * * * ■ b. In paragraphs (c) and (d), remove 183, 184, 186, 187, 189, 223, 234, 274 (42
the title ‘‘Division of Security Policy’’ U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
§ 37.77 [Amended] and add in its place the phrase 2099, 2111, 2201, 2210e, 2232, 2233, 2234,
‘‘Director, Office of Nuclear Security 2236, 2237, 2238, 2273, 2282, 2021); Energy
■ 3. In § 37.77, wherever it appears,
and Incident Response’’. Reorganization Act of 1974, secs. 201, 202,
remove the title ‘‘Division of Security
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
Policy,’’ and in paragraph (c)(1), remove
PART 70—DOMESTIC LICENSING OF National Environmental Policy Act of 1969
the phrase ‘‘of Nuclear Security’’. (42 U.S.C. 4332); Nuclear Waste Policy Act
SPECIAL NUCLEAR MATERIAL
§ 37.81 [Amended] of 1982, secs. 117(a), 132, 133, 134, 135, 137,
■ 10. The authority citation for part 70 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
■ 4. In § 37.81(g) introductory text, 10152, 10153, 10154, 10155, 10157, 10161,
remove the third sentence. continues to read as follows:
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
Authority: Atomic Energy Act of 1954, note.
PART 40—DOMESTIC LICENSING OF secs. 51, 53, 57(d), 108, 122, 161, 182, 183,
SOURCE MATERIAL 184, 186, 187, 193, 223, 234, 274, 1701 (42 § 72.186 [Amended]
U.S.C. 2071, 2073, 2077(d), 2138, 2152, 2201,
■ 5. The authority citation for part 40 2232, 2233, 2234, 2236, 2237, 2243, 2273, ■ 16. In § 72.186(b), remove the title
continues to read as follows: 2282, 2021, 2297f); Energy Reorganization ‘‘Division of Spent Fuel Management,’’.
Act of 1974, secs. 201, 202, 206, 211 (42
Authority: Atomic Energy Act of 1954, U.S.C. 5841, 5842, 5846, 5851); Nuclear
secs. 62, 63, 64, 65, 69, 81, 83, 84, 122, 161, PART 73—PHYSICAL PROTECTION OF
Waste Policy Act of 1982, secs. 135, 141 (42
181, 182, 183, 184, 186, 187, 193, 223, 234, U.S.C. 10155, 10161); 44 U.S.C. 3504 note.
PLANTS AND MATERIALS
274, 275 (42 U.S.C. 2092, 2093, 2094, 2095,
2099, 2111, 2113, 2114, 2152, 2201, 2231, § § 70.5 and 70.20b [Amended] ■ 17. The authority citation for part 73
2232, 2233, 2234, 2236, 2237, 2243, 2273, continues to read as follows:
2282, 2021, 2022); Energy Reorganization Act ■ 11. In §§ 70.5 and 70.20b, wherever it
of 1974, secs. 201, 202, 206, 211 (42 U.S.C. appears, remove the title ‘‘Division of Authority: Atomic Energy Act of 1954,
5841, 5842, 5846, 5851); Uranium Mill Security Policy,’’. secs. 53, 147, 149, 161, 170D, 170E, 170H,
Tailings Radiation Control Act of 1978, sec. 170I, 223, 229, 234, 1701 (42 U.S.C. 2073,
104 (42 U.S.C. 7914); 44 U.S.C. 3504 note. § 70.32 [Amended] 2167, 2169, 2201, 2210d, 2210e, 2210h,
■ 12. In § 70.32, wherever it appears, 2210i, 2273, 2278a, 2282, 2297f); Energy
§ 40.23 [Amended] Reorganization Act of 1974, secs. 201, 202
remove the title ‘‘Division of Security
■ 6. Amend § 40.23 as follows: Policy, Office of Nuclear Security and (42 U.S.C. 5841, 5842); Nuclear Waste Policy
■ a. In paragraph (b)(1), remove the title Incident Response’’ and add in its place Act of 1982, secs. 135, 141 (42 U.S.C. 10155,
‘‘Division of Security Policy,’’; the title ‘‘Office of Nuclear Material 10161); 44 U.S.C. 3504 note. Section
■ b. In paragraph (b)(2)(ix), remove the 73.37(b)(2) also issued under Sec. 301, Public
Safety and Safeguards’’.
title ‘‘Division of Security Policy’’ and Law 96–295, 94 Stat. 789 (42 U.S.C. 5841
add in its place the title ‘‘Office of PART 71—PACKAGING AND note).
Nuclear Security and Incident TRANSPORTATION OF RADIOACTIVE § § 73.4, 73.37, 73.71, 73.72, 73.73
Response’’. MATERIAL and 73.74 [Amended]
■ c. In paragraph (c), remove the title
‘‘Division of Security Policy’’ and add in ■ 13. The authority citation for part 71 ■ 18. In §§ 73.4, 73.37, 73.71, 73.72,
its place the title ‘‘Division of Physical continues to read as follows: 73.73, and 73.74, wherever it appears,
and Cyber Security Policy’’. Authority: Atomic Energy Act of 1954, remove the title ‘‘Division of Security
■ d. In paragraph (d), remove the title secs. 53, 57, 62, 63, 81, 161, 182, 183, 223, Policy,’’.
‘‘Division of Security Policy’’ and add in 234, 1701 (42 U.S.C. 2073, 2077, 2092, 2093,
its place the title ‘‘Division of Physical 2111, 2201, 2232, 2233, 2273, 2282, 2297f); § § 73.26, 73.27, and 73.67 [Amended]
and Cyber Security Policy’’; and remove Energy Reorganization Act of 1974, secs. 201,
202, 206, 211 (42 U.S.C. 5841, 5842, 5846, ■ 19. In §§ 73.26, 73.27, and 73.67,
the telephone number ‘‘(301) 415–6828’’ wherever it appears, remove the title
and add in its place the telephone 5851); Nuclear Waste Policy Act of 1982, sec.
180 (42 U.S.C. 10175); 44 U.S.C. 3504 note. ‘‘Division of Security Policy’’ and add in
number ‘‘301–287–3598’’. Section 71.97 also issued under Sec. 301, its place the title ‘‘Division of Physical
§ 40.64 [Amended] Public Law 96–295, 94 Stat. 789 (42 U.S.C. and Cyber Security Policy’’.
5841 note).
■ 7. In § 40.64(c)(2) and (3), remove the PART 76—CERTIFICATION OF
last sentence in each paragraph. § 71.97 [Amended]
GASEOUS DIFFUSION PLANTS
§ 40.66 [Amended] ■ 14. In § 71.97, wherever it appears,
remove the title ‘‘Division of Security ■ 20. The authority citation for part 76
■ 8. Amend § 40.66 as follows: Policy,’’. continues to read as follows:
■ a. In paragraph (a), remove the title
‘‘Division of Security Policy,’’; PART 72—LICENSING Authority: Atomic Energy Act of 1954,
■ b. In paragraph (b)(5), remove the title REQUIREMENTS FOR THE secs. 122, 161, 193(f), 223, 234, 1701 (42
‘‘Division of Security Policy,’’ and add U.S.C. 2152, 2201, 2243(f), 2273, 2282,
INDEPENDENT STORAGE OF SPENT
khammond on DSK30JT082PROD with RULES

in its place the title ‘‘Director,’’; and 2297f); Energy Reorganization Act of 1974,
NUCLEAR FUEL, HIGH-LEVEL
■ c. In paragraph (c), remove the title
secs. 201, 206, 211 (42 U.S.C. 5841, 5846,
RADIOACTIVE WASTE, AND
‘‘Division of Security Policy,’’ and add 5851); 44 U.S.C. 3504 note.
REACTOR-RELATED GREATER THAN
in its place the title ‘‘Director,’’. CLASS C WASTE § 76.5 [Amended]
§ 40.67 [Amended]
■ 15. The authority citation for part 72 ■ 21. In § 76.5(a), remove the title
■ 9. Amend § 40.67 as follows: continues to read as follows: ‘‘Division of Security Policy,’’.

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Document Created: 2018-11-21 03:11:46
Document Modified: 2018-11-21 03:11:46
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 December 21, 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 58721
RIN Number		3150-AK14
CFR Citation		10 CFR 37 10 CFR 40 10 CFR 70 10 CFR 71 10 CFR 72 10 CFR 73 10 CFR 76 10 CFR 95
CFR Associated		Byproduct Material; Criminal Penalties; Exports; Hazardous Materials Transportation; Imports; Licensed Material; Nuclear Materials; Penalties; Radioactive Materials; Reporting and Recordkeeping Requirements; Security Measures; Government Contracts; Hazardous Waste; Nuclear Energy; Source Material; Uranium; Whistleblowing; Classified Information; Emergency Medical Services; Material Control and Accounting; Packaging and Containers; Radiation Protection; Scientific Equipment; Special Nuclear Material; Incorporation by Reference; Intergovernmental Relations; Administrative Practice and Procedure; Indians; Spent Fuel; Nuclear Power Plants and Reactors; Certification and Uranium Enrichment by Gaseous Diffusion