[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Rules and Regulations]
[Pages 45841-45844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18863]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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. 80, No. 148 / Monday, August 3, 2015 / Rules
and Regulations
[[Page 45841]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 1, 37, 40, 50, 55, 74, and 75
RIN 3150-AJ60
[NRC-2015-0105]
Miscellaneous Corrections
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to make miscellaneous corrections. These changes include
updating the name and the phone number of the U.S. Government
Publishing Office, updating the address for the National Technical
Information Service, correcting typographical errors, correcting
misspellings, and correcting references. This document is necessary to
inform the public of these non-substantive changes to the NRC's
regulations.
DATES: This rule is effective September 2, 2015.
ADDRESSES: Please refer to Docket ID NRC-2015-0105 when contacting the
NRC about the availability of information for this final rule. You may
obtain publicly-available information related to this final rule by any
of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0105. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, please
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this final rule.
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]. The
ADAMS accession number for each document referenced (if it available in
ADAMS) is provided the first time that a document is referenced.
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: Doris Mendiola, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-3464, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is amending its regulations in parts 1, 37, 40, 50, 55, 74
and 75 of Title 10 of the Code of Federal Regulations (10 CFR) to make
miscellaneous corrections. These changes include updating the name of
the U.S. Government Publishing Office, updating the address for the
National Technical Information Service, correcting typographical
errors, correcting misspellings, and correcting and removing
references. This document is necessary to inform the public of these
non-substantive changes to the NRC's regulations.
II. Summary of Changes
10 CFR Part 1
Update Office Address. In Sec. 1.3, this final rule removes the
old office address for the ``National Technical Information Service''
and replaces it with the new address ``5301 Shawnee Road, Alexandria,
VA 22312.''
10 CFR Part 37
Correct Reference. In Sec. 37.23(b)(2), this final rule removes
the incorrect reference ``Sec. 37.25(b)'' and replaces it with the
correct reference ``Sec. 37.25(c).''
10 CFR Part 40
Correct Typographical Error. In Sec. 40.61(a)(2), this final rule
removes the first use of the word ``or'' and replaces it with the word
``of.''
10 CFR Part 50
Update Office Title and Telephone Number. In Footnote 4 of Sec.
50.49, this final rule removes the old office title for the ``U.S.
Government Printing Office'' and replaces it with the new office title
``U.S. Government Publishing Office.'' This final rule also removes the
telephone number ``202-275-2060'' and replaces it with ``202-512-
1800.''
Remove Reference. In Sec. 50.54, this final rule removes the
incorrect reference ``(q)'' from the introductory text.
Return Omitted Information, Update Access Information, Correct
Reference. In Sec. 50.55a, this final rule includes a document that
was previously approved for incorporation by reference but
inadvertently omitted from the list of incorporated documents in Sec.
50.55a(a)(2). The document is the Institute of Electrical and
Electronics Engineers (IEEE) Standard 279-1968, ``Proposed IEEE
Criteria for Nuclear Power Plant Protection Systems,'' which was
approved for incorporation by reference in 1972 (37 FR 17021; August
24, 1972). The documents currently listed in Sec. 50.55a(a)(2)(i)-
(iii) are moved to Sec. 50.55a(a)(2)(ii)-(iv), and IEEE Standard 279-
1968 is added back as Sec. 50.55a(a)(2)(i), so that the documents are
listed in chronological order. The access information in new Sec.
50.55a(2)(iv) has been updated. This final rule also updates Sec.
50.55a(h)(2) to reference the correct standards.
10 CFR Part 55
Update Office Title and Address. In Footnote 1 of Sec. 55.40, this
final rule removes the old office title ``U.S. Government Printing
Office'' and replaces it with the new office title ``U.S. Government
Publishing Office.'' This final rule also removes the old office
address for the National Technical Information Service and replaces it
with the new address ``5301 Shawnee Road, Alexandria, VA 22312.''
10 CFR Part 74
Correct Spelling. In Sec. 74.4, this final rule corrects the
definition of Tamper-safing by removing the misspelled word
[[Page 45842]]
``previouly'' and replacing it with the correct word ``previously.''
Correct Typographical Error. In Sec. 74.55(b)(2), this final rule
removes the incorrect reference ``Category BI items'' and replaces it
with the correct reference ``Category IB items.''
10 CFR Part 75
Correct References. In Sec. 75.6(d), this final rule revises the
second column of the table by removing the incorrect references
``75.11(c)(1),'' ``75.11(c)(2),'' ``75.11(c)(3),'' ``75.11(c)(4),''
``75.11(c)(5),'' ``75.11(c)(6),'' and ``75.11(c)(7)'' and replacing
them with the correct references ``75.11(b)(1),'' ``75.11(b)(2),''
``75.11(b)(3),'' ``75.11(b)(4),'' ``75.11(b)(5),'' ``75.11(b)(6),'' and
``75.11(b)(7).''
III. Rulemaking Procedure
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comment requirements if it finds, for
good cause, that they are 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 the
amendments, because notice and opportunity for comment are unnecessary.
The amendments will have no substantive impact and are of a minor and
administrative nature dealing with corrections to certain CFR sections
related only to management, organization, procedure, and practice.
Specifically, the revisions correct typographical errors, misspellings,
and incorrect references.
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 September 2, 2015. These amendments do not
require action by any person or entity regulated by the NRC. Also, the
final rule does 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 Statement
This final rule does not contain information collection
requirements and, therefore, is not subject to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget 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 revisions are non-
substantive in nature, including correcting typographical errors,
correcting misspellings, and correcting and removing references. 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 an inconsistency 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.
List of Subjects
10 CFR Part 1
Organization and functions (Government Agencies).
10 CFR Part 37
Byproduct material, Criminal penalties, Export, Hazardous materials
transportation, Import, Licensed material, Nuclear materials, Reporting
and recordkeeping requirements, Security measures.
10 CFR Part 40
Criminal penalties, Government contracts, Hazardous materials
transportation, Nuclear materials, Reporting and recordkeeping
requirements, Source material, Uranium.
10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Incorporation by reference, Intergovernmental relations,
Nuclear power plants and reactors, Radiation protection, Reactor siting
criteria, Reporting and recordkeeping requirements.
10 CFR Part 55
Criminal penalties, Manpower training programs, Nuclear power
plants and reactors, Reporting and recordkeeping requirements.
10 CFR Part 74
Accounting, Criminal penalties, Hazardous materials transportation,
Material control and accounting, Nuclear materials, Packaging and
containers, Radiation protection, Reporting and recordkeeping
requirements, Scientific equipment, Special nuclear material.
10 CFR Part 75
Criminal penalties, Intergovernmental relations, Nuclear materials,
Nuclear power plants and reactors, 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 1, 37, 40, 50, 55, 74, and 75.
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 secs. 23, 29, 161, 191 (42 U.S.C.
2033, 2039, 2201, 2241); Energy Reorganization Act secs. 201, 203,
204, 205, 209 (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C.
552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16,
1980.
0
2. In Sec. 1.3, revise paragraph (c), last sentence, to read as
follows:
Sec. 1.3 Source of additional information.
* * * * *
(c) * * * Final opinions made in the adjudication of cases are
published in
[[Page 45843]]
``Nuclear Regulatory Commission Issuances,'' and are available on a
subscription basis from the National Technical Information Service,
5301 Shawnee Road, Alexandria, VA 22312.
PART 37--PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2
QUANTITIES OF RADIOACTIVE MATERIAL
0
3. The authority citation for part 37 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 81, 103, 104, 147, 148,
149, 161, 182, 183, 223, 234 (42 U.S.C. 2073, 2111, 2133, 2134,
2167, 2168, 2169, 2201a., 2232, 2233, 2273, 2282).
0
4. In Sec. 37.23, revise paragraph (b)(2), last sentence, to read as
follows:
Sec. 37.23 Access authorization program requirements.
* * * * *
(b) * * *
(2) * * * The licensee shall recertify that the reviewing official
is deemed trustworthy and reliable every 10 years in accordance with
Sec. 37.25(c).
* * * * *
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
5. The authority citation for part 40 continues to read as follows:
Authority: Atomic Energy Act secs. 11(e)(2), 62, 63, 64, 65, 81,
161, 181, 182, 183, 186, 193, 223, 234, 274, 275 (42 U.S.C.
2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2231,
2232, 2233, 2236, 2243, 2273, 2282, 2021, 2022); Energy
Reorganization Act secs. 201, 202, 206 (42 U.S.C. 5841, 5842, 5846);
Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504
note); Energy Policy Act of 2005, Pub. L. 109-59, 119 Stat. 594
(2005).
Section 40.7 also issued under Energy Reorganization Act sec.
211, Pub. L. 95-601, sec. 10, as amended by Pub. L. 102-486, sec.
2902 (42 U.S.C. 5851). Section 40.31(g) also issued under Atomic
Energy Act sec. 122 (42 U.S.C. 2152). Section 40.46 also issued
under Atomic Energy Act sec. 184 (42 U.S.C. 2234). Section 40.71
also issued under Atomic Energy Act sec. 187 (42 U.S.C. 2237).
0
6. In Sec. 40.61, revise paragraph (a)(2) to read as follows:
Sec. 40.61 Records.
(a) * * *
(2) The licensee who transferred the material shall retain each
record of transfer of source or byproduct material until the Commission
terminates each license that authorizes the activity that is subject to
the recordkeeping requirement.
* * * * *
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
7. The authority citation for part 50 continues to read as follows:
Authority: Atomic Energy Act secs. 11, 102, 103, 104, 105, 147,
149, 161, 181, 182, 183, 186, 189, 223, 234 (42 U.S.C. 2014, 2132,
2133, 2134, 2135, 2167, 2169, 2201, 2231, 2232, 2233, 2236, 2239,
2273, 2282); Energy Reorganization Act secs. 201, 202, 206 (42
U.S.C. 5841, 5842, 5846); Nuclear Waste Policy Act sec. 306 (42
U.S.C. 10226); Government Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119
Stat. 194 (2005). Section 50.7 also issued under Pub. L. 95-601,
sec. 10, as amended by Pub. L. 102-486, sec. 2902 (42 U.S.C. 5851).
Section 50.10 also issued under Atomic Energy Act secs. 101, 185 (42
U.S.C. 2131, 2235); National Environmental Policy Act sec. 102 (42
U.S.C. 4332). Sections 50.13, 50.54(d), and 50.103 also issued under
Atomic Energy Act sec. 108 (42 U.S.C. 2138).
Sections 50.23, 50.35, 50.55, and 50.56 also issued under Atomic
Energy Act sec. 185 (42 U.S.C. 2235). Appendix Q also issued under
National Environmental Policy Act sec. 102 (42 U.S.C. 4332).
Sections 50.34 and 50.54 also issued under sec. 204 (42 U.S.C.
5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L.
97-415 (42 U.S.C. 2239). Section 50.78 also issued under Atomic
Energy Act sec. 122 (42 U.S.C. 2152). Sections 50.80-50.81 also
issued under Atomic Energy Act sec. 184 (42 U.S.C. 2234).
0
8. In Sec. 50.49, revise footnote 4 to read as follows:
Sec. 50.49 Environmental qualification of electric equipment
important to safety for nuclear power plants.
* * * * *
\4\ Specific guidance concerning the types of variables to be
monitored is provided in Revision 2 of Regulatory Guide 1.97,
``Instrumentation for Light-Water-Cooled Nuclear Power Plants to
Assess Plant and Environs Conditions During and Following an
Accident.'' Copies of the Regulatory Guide may be purchased through
the U.S. Government Publishing Office by calling 202-512-1800 or by
writing to the U.S. Government Publishing Office, P.O. Box 37082,
Washington, DC 20013-7082.
0
9. In Sec. 50.54, revise the last sentence of the introductory text to
read as follows:
Sec. 50.54 Conditions of licenses.
* * * The following paragraphs with the exception of paragraph (r),
(s), and (u) of this section are conditions in every combined license
issued under part 52 of this chapter, provided, however, that
paragraphs (i) introductory text, (i)(1), (j), (k), (l), (m), (n), (w),
(x), (y), (z), and (hh) of this section are only applicable after the
Commission makes the finding under Sec. 52.103(g) of this chapter.
* * * * *
0
10. In Sec. 50.55a, revise paragraphs (a)(2)(i) through (iii), add
paragraph (a)(2)(iv), and revise paragraph (h)(2) to read as follows:
Sec. 50.55a Codes and standards.
(a) * * *
(2) * * *
(i) IEEE standard 279-1968. (IEEE Std 279-1968), ``Proposed IEEE
Criteria for Nuclear Power Plant Protection Systems'' (Approval Date:
August 30, 1968), referenced in paragraph (h)(2) of this section.
(Copies of this document may be purchased from IHS Global, 15 Inverness
Way East, Englewood, CO 80112; https://global.ihs.com.)
(ii) IEEE standard 279-1971. (IEEE Std 279-1971), ``Criteria for
Protection Systems for Nuclear Power Generating Stations'' (Approval
Date: June 3, 1971), referenced in paragraph (h)(2) of this section.
(iii) IEEE standard 603-1991. (IEEE Std 603-1991), ``Standard
Criteria for Safety Systems for Nuclear Power Generating Stations''
(Approval Date: June 27, 1991), referenced in paragraphs (h)(2) and
(h)(3) of this section. All other standards that are referenced in IEEE
Std 603-1991 are not approved for incorporation by reference.
(iv) IEEE standard 603-1991, correction sheet. (IEEE Std 603-1991
correction sheet), ``Standard Criteria for Safety Systems for Nuclear
Power Generating Stations, Correction Sheet, Issued January 30, 1995,''
referenced in paragraphs (h)(2) and (h)(3) of this section. (This
correction sheet is available from IEEE at http://standards.ieee.org/findstds/errata/).
* * * * *
(h) * * *
(2) Protection systems. For nuclear power plants with construction
permits issued after January 1, 1971, but before May 13, 1999,
protection systems must meet the requirements in IEEE Std 279-1968,
``Proposed IEEE Criteria for Nuclear Power Plant Protection Systems,''
or the requirements in IEEE Std 279-1971, ``Criteria for Protection
Systems for Nuclear Power Generating Stations,'' or the requirements in
IEEE Std 603-1991, ``Criteria for Safety Systems for Nuclear Power
Generating Stations,'' and the correction sheet dated January 30, 1995.
For nuclear power plants with construction permits issued before
January 1, 1971, protection systems must be consistent with their
licensing basis or may meet
[[Page 45844]]
the requirements of IEEE Std. 603-1991 and the correction sheet dated
January 30, 1995.
* * * * *
PART 55--OPERATORS' LICENSES
0
11. The authority citation for part 55 continues to read as follows:
Authority: Atomic Energy Act secs. 107, 161, 181, 182, 68 Stat.
939, 948, 953, 223, 234 (42 U.S.C. 2137, 2201, 2231, 2232, 2273,
2282); Energy Reorganization Act secs. 201, 202 (42 U.S.C. 5841,
5842); Government Paperwork Elimination Act sec. 1704 (44 U.S.C.
3504 note).
Sections 55.41, 55.43, 55.45, and 55.59 also issued under
Nuclear Waste Policy Act sec. 306 (42 U.S.C. 10226).
Section 55.61 also issued under Atomic Energy Act secs. 186, 187
(42 U.S.C. 2236, 2237).
0
12. In Sec. 55.40, revise footnote 1 to read as follows:
Sec. 55.40 Implementation.
* * * * *
\1\Copies of NUREGs may be purchased from the Superintendent of
Documents, U.S. Government Publishing Office, P.O. Box 38082,
Washington, DC 20402-9328. Copies are also available from the National
Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312.
A copy is available for inspection and/or copying in the NRC Public
Document Room, One White Flint North, 11555 Rockville Pike (0-1F23),
Rockville, MD.
PART 74--MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR
MATERIAL
0
13. The authority citation for part 74 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 57, 161, 182, 183, 223,
234, 1701 (42 U.S.C. 2073, 2077, 2201, 2232, 2233, 2273, 2282,
2297f); Energy Reorganization Act secs. 201, 202, 206 (42 U.S.C.
5841, 5842, 5846); Government Paperwork Elimination Act sec. 1704
(44 U.S.C. 3504 note).
0
14. In Sec. 74.4, the definition of ``tamper-safing'' is revised to
read as follows:
Sec. 74.4 Definitions.
* * * * *
Tamper-safing means the use of devices on containers or vaults in a
manner and at a time that ensures a clear indication of any violation
of the integrity of previously made measurements of special nuclear
material within the container or vault.
* * * * *
0
15. In Sec. 74.55, revise paragraph (b)(2) to read as follows:
Sec. 74.55 Item monitoring.
* * * * *
(b) * * *
(2) Three working days for Category IA items and seven calendar
days for Category IB items located elsewhere in the MAA, except for
reactor components measuring at least one meter in length and weighing
in excess of 30 kilograms for which the time interval shall be 30 days;
* * * * *
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL-IMPLEMENTATION OF US/IAEA
AGREEMENT
0
16. The authority citation for part 75 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 63, 103, 104, 122, 161,
223, 234 (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201, 2273, 2282);
Energy Reorganization Act sec. 201 (42 U.S.C. 5841); Government
Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note).
Section 75.4 also issued under Nuclear Waste Policy Act secs. 135
(42 U.S.C. 10155, 10161).
0
17. In Sec. 75.6, revise paragraph (d) to read as follows:
Sec. 75.6 Facility and location reporting.
* * * * *
(d) Locations--Specific information regarding locations is to be
reported as follows:
------------------------------------------------------------------------
Item Section Manner of delivery
------------------------------------------------------------------------
Fuel cycle-related research and 75.11(b)(1) As specified by
development information. printed instructions
for preparation of
DOC/NRC Form AP-1 and
associated forms.
Fuel cycle-related manufacturing 75.11(b)(2) As specified by
and construction information. printed instructions
for preparation of
DOC/NRC Form AP-1 and
associated forms.
Mines and concentration plant 75.11(b)(3) As specified by
information. printed instructions
for preparation of
DOC/NRC Form AP-1 and
associated forms.
Impure source material possession 75.11(b)(4) As specified by
information. printed instructions
for preparation of
DOC/NRC Form AP-1 and
associated forms.
Imports and exports of source 75.11(b)(5) As specified by
material for non-nuclear end uses. printed instructions
for preparation of
DOC/NRC Form AP-1 and
associated forms.
IAEA safeguards-exempted and 75.11(b)(6) As specified by
terminated nuclear material printed instructions
information. for preparation of
DOC/NRC Form AP-1 and
associated forms.
Imports and exports of non-nuclear 75.11(b)(7) As specified by
material and equipment. printed instructions
for preparation of
DOC/NRC Form AP-1 and
associated forms.
------------------------------------------------------------------------
Dated at Rockville, Maryland, this 28th day of July, 2015.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of
Administrative Services, Office of Administration.
[FR Doc. 2015-18863 Filed 7-31-15; 8:45 am]
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