[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Rules and Regulations]
[Pages 57873-57879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18183]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73
[NRC-2022-0216]
RIN 3150-AK92
Miscellaneous Corrections
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to make miscellaneous corrections. These changes include
updating organizational information, revising an address, and
correcting reference, spelling, and grammatical errors. The amendments
also make updates to replace gendered terms with inclusive, gender-
neutral 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 September 25, 2023.
ADDRESSES: Please refer to Docket ID NRC-2022-0216 when contacting the
NRC about the availability of information for this action. You may
obtain publicly available information related to this action by any of
the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0216. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737,
or by email to [email protected].
NRC's PDR: The PDR, where may examine and order copies of
publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Krupskaya Castellon, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-287-
9221, email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Summary of Changes
III. Rulemaking Procedure
IV. Backfitting and Issue Finality
V. Plain Writing
VI. National Environmental Policy Act
VII. Paperwork Reduction Act
VIII. Congressional Review Act
IX. Compatibility of Agreement State Regulations
I. Introduction
The NRC is amending its regulations in parts 1, 2, 26, 32, 40, 50,
51, 52, 72, and 73 of title 10 of the Code of Federal Regulations (10
CFR). The NRC is making these amendments to update organizational
information, revise an address, and correct reference, spelling, and
grammatical errors. This rule also makes updates to replace gendered
terms with inclusive, gender-neutral language.
II. Summary of Changes
10 CFR Part 1
Update Organization and Functions. In Sec. 1.42 concerning the
Office of Nuclear Material Safety and Safeguards, this final rule
revises the introductory text for paragraph (b)(26). The rule also
revises paragraph (b)(30) to list financial assurance activities and
adds a new paragraph (b)(33) to list duties for environmental
activities. This final rule updates the regulations to align more
closely with Commission direction in SRM-SECY-15-0143, ``Project Aim
and Centers of Expertise,'' dated February 22, 2016 (Agencywide
Documents Access and Management System ML16053A500) regarding Centers
of Expertise.
Update Organizational Functions. In Sec. 1.43, this final rule
moves responsibility for review and evaluation related to reactor
facilities insurance, indemnity, and antitrust matters from the Office
of Nuclear Reactor Regulation to the Office of Nuclear Material Safety
and Safeguards.
10 CFR Part 2
Revise Nomenclature. This final rule revises 10 CFR part 2 to
replace gendered terms with inclusive, gender-neutral language.
Correct Reference. In Sec. 2.1202(a)(1), this final rule removes
the incorrect reference to 10 CFR 50.12 and replaces it with the
correct reference 10 CFR 50.10.
10 CFR Parts 26, 50, 52, and 73
Revise Street Address. This final rule amends Sec. Sec. 26.11,
50.4(a), 52.3(a), and 73.4(b) to add the mailing zip code for the hand
delivery method for communications.
10 CFR Part 32
Correct Reference. In 10 CFR 32.72(a)(2)(i), this final rule
removes the incorrect reference to 21 CFR 207.20 and replaces it with
the correct reference 21 CFR 207.17(a).
10 CFR Part 40
Correct Spelling. This final rule amends Appendix A to part 40 to
remove the text ``meterology'' and add in its place the text
``meteorology.''
10 CFR Part 50
Correct Typographical Error. This final rule removes a duplicative
phrase in the introductory text of Sec. 50.55a(b)(2)(xliii).
Correct Reference. This final rule reverts an inadvertent change to
a reference in Appendix H paragraph III.B.1 that occurred during a
direct final rulemaking (85 FR 62199) by removing the incorrect
reference to ASTM E 185 and replacing it with ASTM E 185-82.
10 CFR Part 51
Correct Reference. In Sec. 51.77(a), this final rule removes the
incorrect reference to appendix M and replaces it with the correct
reference subpart F.
10 CFR Part 72
Correct Spelling. This final rule amends Sec. 72.3 to remove the
text ``radioacive'' and add in its place the text ``radioactive.''
[[Page 57874]]
10 CFR Part 73
Correct Grammatical Error. In Sec. 73.50, this final rule adds the
indefinite article ``a'' before the words ``nuclear reactor'' in the
introductory text.
III. Rulemaking Procedure
Under section 553(b) of the Administrative Procedure Act (5 U.S.C.
553(b)), an agency may waive publication in the Federal Register of a
notice of proposed rulemaking and opportunity for comment requirements
if it finds, for good cause, that it is impracticable, unnecessary, or
contrary to the public interest. As authorized by 5 U.S.C.
553(b)(3)(B), the NRC finds good cause to waive notice and opportunity
for comment on these amendments, because notice and opportunity for
comment is unnecessary. The amendments will have no substantive impact
and are of a minor and administrative nature dealing with corrections
to certain CFR sections or are related only to management,
organization, procedure, and practice. Specifically, the revisions
update organizational information and correct references, grammatical
and spelling errors, and make updates to replace gendered terms with
inclusive, gender-neutral language. The NRC is exercising its authority
under 5 U.S.C. 553(b) to publish these amendments as a final rule. The
amendments are effective September 25, 2023. These amendments do not
require action by any person or entity regulated by the NRC and do not
change the substantive responsibilities of any person or entity
regulated by the NRC.
IV. Backfitting and Issue Finality
The NRC has determined that the corrections in this final rule
would not constitute backfitting as defined in Sec. 50.109,
``Backfitting,'' and as described in NRC Management Directive (MD) 8.4,
``Management of Backfitting, Forward Fitting, Issue Finality, and
Information Requests.'' These corrections also would not constitute
forward fitting as that term is defined and described in MD 8.4 or
affect the issue finality of any approval issued under 10 CFR part 52.
The amendments are non-substantive in nature, and include updates to
organizational information, corrections to references, grammatical
errors and spelling, and make updates to replace gendered terms with
inclusive, gender-neutral language. They impose no new requirements and
make no substantive changes to the regulations. The corrections do not
involve any provisions that would impose backfits as defined in 10 CFR
chapter I, or that would be inconsistent with the issue finality
provisions in 10 CFR part 52. For these reasons, the issuance of this
final rule would not constitute backfitting or be inconsistent with any
of the issue finality provisions in 10 CFR part 52. Therefore, the NRC
has not prepared any additional documentation for this correction
rulemaking addressing backfitting or issue finality.
V. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VI. National Environmental Policy
The NRC has determined that this final rule is the type of action
described in Sec. 51.22(c)(2), which categorically excludes from
environmental review rules that are corrective or of a minor or
nonpolicy nature and do not substantially modify existing regulations.
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this rule.
VII. Paperwork Reduction Act
This final rule does not contain a collection of information as
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
and, therefore, is not subject to the requirements of the Paperwork
Reduction Act of 1995.
VIII. Congressional Review Act
This final rule is not a rule as defined in the Congressional
Review Act (5 U.S.C. 801-808).
IX. Compatibility of Agreement State Regulations
Under the ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register (82 FR 48535), NRC program elements (including regulations)
required for adequacy and having a particular health and safety
component are those that are designated as Categories A, B, C, D, NRC,
and H&S: and those required for compatibility include those regulations
and other legally binding requirements designated as Compatibility
Categories A, B, C, and D. Compatibility Category A are those program
elements that include basic radiation protection standards and
scientific terms and definitions that are necessary to understand
radiation protection concepts. An Agreement State should adopt Category
A program elements in an essentially identical manner in order to
provide uniformity in the regulation of agreement material on a
nationwide basis. Compatibility Category B are those program elements
that apply to activities that have direct and significant effects in
multiple jurisdictions. Compatibility Category B pertains to a limited
number of program elements that cross jurisdictional boundaries and
should be addressed to ensure uniformity of regulation on a nationwide
basis. The Agreement State program element should be essentially
identical to that of NRC. Compatibility Category C are those program
elements that do not meet the criteria of Category A or B, but the
essential objectives of which an Agreement State should adopt to avoid
conflict, duplication, gaps, or other conditions that would jeopardize
an orderly pattern in the regulation of agreement material on a
national basis. An Agreement State should adopt the essential
objectives of the Category C program elements. Compatibility Category D
are those program elements that do not meet any of the criteria of
Category A, B, or C, above, and, thus, do not need to be adopted by
Agreement States for purposes of compatibility. Compatibility Category
NRC are those program elements that address areas of regulation that
cannot be relinquished to the Agreement States under the Atomic Energy
Act of 1954, as amended, or provisions of title 10 of the Code of
Federal Regulations. These program elements should not be adopted by
the Agreement States. Category H&S program elements are not required
for purposes of compatibility; however, they do have particular health
and safety significance. The Agreement State should adopt the essential
objectives of such program elements to maintain an adequate program.
The final rule is a matter of compatibility between the NRC and the
Agreement States, thereby providing consistency among Agreement State
and NRC requirements. The compatibility categories are designated in
the following table:
[[Page 57875]]
Compatibility Table
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Compatibility
Section Change Subject -----------------------------------
Existing New
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Part 32:
----------------------------------------------------------------------------------------------------------------
Sec. 32.72(a)(2)(i)........ Amend............... Manufacture, B B
preparation, or
transfer for
commercial
distribution of
radioactive drugs
containing
byproduct material
for medical use
under part 35.
----------------------------------------------------------------------------------------------------------------
Part 40:
----------------------------------------------------------------------------------------------------------------
Introduction to Appendix A to Amend............... Introduction....... C C
10 CFR part 40.
----------------------------------------------------------------------------------------------------------------
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 26
Administrative practice and procedure, Alcohol abuse, Alcohol
testing, Appeals, Chemical testing, Drug abuse, Drug testing, Employee
assistance programs, Fitness for duty, Management actions, Nuclear
power plants and reactors, Privacy, Protection of information,
Radiation protection, Reporting and recordkeeping requirements.
10 CFR Part 32
Byproduct material, Criminal penalties, Labeling, Nuclear energy,
Nuclear materials, Radiation protection, Reporting and recordkeeping
requirements.
10 CFR Part 40
Criminal penalties, Exports, Government contracts, Hazardous
materials transportation, Hazardous waste, Nuclear energy, Nuclear
materials, Penalties, Reporting and recordkeeping requirements, Source
material, Uranium, Whistleblowing.
10 CFR Part 50
Administrative practice and procedure, Antitrust, Backfitting,
Classified information, Criminal penalties, Education, Emergency
planning, Fire prevention, Fire protection, Intergovernmental
relations, Nuclear power plants and reactors, Penalties, Radiation
protection, Reactor siting criteria, Reporting and recordkeeping
requirements, Whistleblowing.
10 CFR Part 51
Administrative practice and procedure, Environmental impact
statements, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear
power plants and reactors, Reporting and recordkeeping requirements.
10 CFR Part 52
Administrative practice and procedure, Antitrust, Combined license,
Early site permit, Emergency planning, Fees, Inspection, Issue
finality, Limited work authorization, Manufacturing license, Nuclear
power plants and reactors, Probabilistic risk assessment, Prototype,
Reactor siting criteria, Redress of site, Penalties, Reporting and
recordkeeping requirements, Standard design, Standard design
certification.
10 CFR Part 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,
Imports, Nuclear energy, Nuclear materials, Nuclear power plants and
reactors, 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 1, 2, 26, 32, 40, 50, 51, 52,
72, and 73.
PART 1--STATEMENT OF ORGANIZATIONAL 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. 1.42, revise paragraphs (b)(26) introductory text and
(b)(30) and add paragraph (b)(33) to read as follows:
Sec. 1.42 Office of Nuclear Material Safety and Safeguards.
* * * * *
(b) * * *
(26) Through a Center of Expertise, leads, manages and facilitates
the following rulemaking activities:
* * * * *
(30) Through a Center of Expertise, plans and directs program for
financial assurance of NRC licensees including:
(i) Ensuring licensee compliance with decommissioning funding
assurance requirements.
(ii) Preparing safety evaluations for power reactor and research
and test reactors, applicants for new reactors, and for actions
associated with license transfers and exemption requests in which
financial qualifications and decommissioning funding assurance
requirements for reactor licensees are assessed.
(iii) Ensuring compliance with power reactor financial protection
requirements in the form of insurance and indemnity coverage, and
evaluation of foreign ownership, control, or domination concerns for
potential new licensees; and
[[Page 57876]]
(iv) Ensuring that materials and Independent Spent Fuel Storage
Installation licensees meet decommissioning funding assurance
requirements.
(v) Performing review and evaluation related to reactor facilities
insurance, indemnity, and antitrust matters.
* * * * *
(33) Through a Center of Expertise, supports public health, safety,
and the environment through activities including:
(i) Leading environmental reviews for the NRC's licensing actions
as required by the National Environmental Policy Act, the Endangered
Species Act, Magnuson-Stevens Fishery Conservation and Management Act,
National Marine Sanctuaries Act, and the National Historic Preservation
Act; and
(ii) Developing and issuing Environmental Impact Statements and
Environmental Assessments, and coordinating these activities with other
Federal, State, Tribal and local agencies; and
(iii) Monitoring licensee adherence to endangered and threatened
species take limits and consulting with other Federal agencies on
endangered and threatened species, critical habitats, essential fish
habitats, and national marine sanctuary resources.
0
3. In Sec. 1.43, revise paragraphs (e) and (f) and remove paragraph
(g).
The revisions read as follows:
Sec. 1.43 Office of Nuclear Reactor Regulation.
* * * * *
(e) Provides guidance and implementation direction to Regional
Offices on reactor licensing, inspection, and safeguards programs
assigned to the Region, and appraises Regional program performance in
terms of effectiveness and uniformity; and
(f) Performs other functions required for implementation of the
reactor licensing, inspection, and safeguard programs.
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. 2.102 [Amended]
0
5. In Sec. 2.102, amend the first sentence in paragraph (b) by
removing the text ``he'' and adding in its place the text ``the
Director''.
Sec. 2.103 [Amended]
0
6. In Sec. 2.103:
0
a. Amend the first sentence in paragraph (a) by removing the text
``he'' and adding in its place the text ``the Director''; and
0
b. Amend paragraph (b) by removing the text ``he'' and adding in its
place the text ``the Director''.
Sec. 2.203 [Amended]
0
7. In Sec. 2.203, in the third sentence, remove the text ``he'' and
add in its place the text ``the presiding officer or Chief
Administrative Law Judge''.
Sec. 2.206 [Amended]
0
8. In Sec. 2.206, amend the second sentence in paragraph (c)(1) by
removing the text ``his'' and adding in its place the text ``their''.
0
9. In Sec. 2.313, revise paragraphs (b)(1) and (2) and (c)
introductory text to read as follows:
Sec. 2.313 Designation of presiding officer, disqualification,
unavailability, and substitution.
* * * * *
(b) * * *
(1) If a designated presiding officer or a designated member of an
Atomic Safety and Licensing Board believes that they are disqualified
to preside or to participate as a board member in the hearing, they
shall withdraw by notice on the record and shall notify the Commission
or the Chief Administrative Judge, as appropriate, of the withdrawal.
(2) If a party believes that a presiding officer or a designated
member of an Atomic Safety and Licensing Board should be disqualified,
the party may move that the presiding officer or the Licensing Board
member disqualify themselves. The motion must be supported by
affidavits setting forth the alleged grounds for disqualification. If
the presiding officer does not grant the motion or the Licensing Board
member does not disqualify themselves, the motion must be referred to
the Commission. The Commission will determine the sufficiency of the
grounds alleged.
(c) Unavailability. If a presiding officer or a designated member
of an Atomic Safety and Licensing Board becomes unavailable during the
course of a hearing, the Commission or the Chief Administrative Judge,
as appropriate, will designate another presiding officer or Atomic
Safety and Licensing Board member. If they become unavailable after the
hearing has been concluded, then:
* * * * *
0
10. Revise Sec. 2.316 to read as follows:
Sec. 2.316 Consolidation of parties.
On motion or on its own initiative, the Commission or the presiding
officer may order any parties in a proceeding who have substantially
the same interest that may be affected by the proceeding and who raise
substantially the same questions, to consolidate their presentation of
evidence, cross-examination, briefs, proposed findings of fact, and
conclusions of law and argument. However, it may not order any
consolidation that would prejudice the rights of any party. A
consolidation under this section may be for all purposes of the
proceeding, all of the issues of the proceeding, or with respect to any
one or more issues thereof.
Sec. 2.337 [Amended]
0
11. In Sec. 2.337:
0
a. Amend paragraph (e) by removing the text ``his'' and adding in its
place the text ``their'';
0
b. Amend paragraph (g)(1) by removing the text ``his or her'' and
adding in its place the text ``their'';
0
c. Amend paragraph (g)(2)(iv) by removing the text ``his or her'' and
adding in its place the text ``their''; and
0
d. Amend paragraph (g)(3)(iv) by removing the text ``his or her'' and
adding in its place the text ``their''.
0
12. In Sec. 2.604, revise paragraph (c) to read as follows:
Sec. 2.604 Notice of hearing on application for early review of site
suitability issues in construction permit proceeding.
* * * * *
(c) Any person who was permitted to intervene as a party under the
initial notice of hearing on site suitability issues and who was not
dismissed or did not withdraw as a party may continue to participate as
a party to the proceeding with respect to the remaining unresolved
issues, provided that within the time prescribed for filing of
petitions for leave to intervene in the supplementary notice of
hearing, they file a notice of their intent to continue as a party,
along with a supporting affidavit identifying the specific aspect or
aspects of the subject matter of the proceeding as to which they wish
to continue to participate as a party and setting forth with
particularity the basis
[[Page 57877]]
for their contentions with regard to each aspect or aspects. A party
who files a non-timely notice of intent to continue as a party may be
dismissed from the proceeding, absent a determination that the party
has made a substantial showing of good cause for failure to file on
time, and with particular reference to the factors specified in Sec.
2.309(c)(1)(i) through (iv) and (d). The notice will be ruled upon by
the Commission or presiding officer designated to rule on petitions for
leave to intervene.
* * * * *
Sec. 2.702 [Amended]
0
13. In Sec. 2.702:
0
a. Amend the first sentence in paragraph (a) by removing the text ``he
or she is'' and adding in its place the text ``they are''; and
0
b. Amend paragraph (f) introductory text by removing the text ``he is''
and adding in its place the text ``they are''.
Sec. 2.703 [Amended]
0
14. In Sec. 2.703:
0
a. Amend paragraph (a)(3) by removing the text ``he intends'' and
adding in its place the text ``they intend'';
0
b. Amend paragraph (a)(4) by removing the text ``himself'' and adding
in its place the text ``themselves''; and
0
c. Amend the second sentence in paragraph (b) by removing the text
``his or her'' and adding in its place ``their''.
Sec. 2.705 [Amended]
0
15. In Sec. 2.705:
0
a. Amend paragraph (b)(2) introductory text in the first sentence by
removing the text ``his or her'' and adding in its place the text
``their'' and in the second sentence by removing the text ``he or she
determines'' and adding in its place ``they determine''; and
0
b. Amend paragraph (b)(3) by removing the text ``his'' and adding in
its place the text ``their'' and by removing the text ``he'' and adding
in its place the text ``the party''.
0
16. In Sec. 2.706:
0
a. Amend paragraph (a)(1) by removing the text ``him'' and adding in
its place the text ``them'', and by removing the text ``he belongs''
and adding in its place the text ``they belong'';
0
b. Amend the first sentence of paragraph (a)(4) by removing the text
``his or her'' and adding in its place the text ``their'';
0
c. Amend the first sentence of paragraph (a)(5) by removing the text
``he or she is'' and adding in its place the text ``they are'';
0
d. Revise paragraph (a)(7).
The revision reads as follows:
Sec. 2.706 Depositions upon oral examination and written
interrogatories; interrogatories to parties.
(a) * * *
(7) A deposition will not become a part of the record in the
hearing unless received in evidence. If only part of a deposition is
offered in evidence by a party, any other party may introduce any other
parts. A party does not make a person its own witness for any purpose
by taking their deposition.
* * * * *
Sec. 2.708 [Amended]
0
17. In Sec. 2.708:
0
a. Amend the first sentence of paragraph (a) by removing the text ``his
or her'' and adding in its place the text ``its''; and
0
b. Amend paragraph (b)(1)(i) by removing the text ``he'' and adding in
its place the text ``it''.
Sec. 2.710 [Amended]
0
18. In Sec. 2.710:
0
a. Amend the third sentence in paragraph (b) by removing the text
``his'' and adding in its place the text ``its''; and
0
b. Amend the first sentence of paragraph (c) by removing the text ``he
or she'' and adding in its place the text ``it''.
Sec. 2.711 [Amended]
0
19. In Sec. 2.711, amend paragraph (i) by removing the text ``his''.
0
20. In Sec. 2.905:
0
a. Amend the first sentence of paragraph (a) by removing the text
``his'' and adding in its place the text ``the''; and
0
b. Revise paragraph (b)(1).
The revision reads as follows:
Sec. 2.905 Access to restricted data and national security
information for parties; security clearances.
* * * * *
(b) * * *
(1) On application showing that access to Restricted Data or
National Security Information may be required for the preparation of a
party's case, and except as provided in paragraph (h) of this section,
the Commission or the presiding officer will issue an order granting
access to such Restricted Data or National Security Information to the
party upon obtaining the required security clearance, to counsel for
the party upon their obtaining the required security clearance, and to
such other individuals as may be needed by the party for the
preparation and presentation of the case upon their obtaining the
required clearance.
* * * * *
Sec. 2.908 [Amended]
0
21. In Sec. 2.908, amend paragraph (a)(3) by removing the text ``he''
and adding in its place the text ``the party''.
0
22. In Sec. 2.909, revise the introductory text and paragraph (c) to
read as follows:
Sec. 2.909 Rearrangement or suspension of proceedings.
In any proceeding subject to this part where a party gives a notice
of intent to introduce Restricted Data or other National Security
Information, and the presiding officer determines that any other
interested party does not have required security clearances, the
presiding officer may in their discretion:
* * * * *
(c) Take such other action as they determine to be in the best
interest of all parties to the public.
0
23. In Sec. 2.910, revise paragraphs (c) and (d) to read as follows:
Sec. 2.910 Unclassified statements required.
* * * * *
(c) If the presiding officer determines that the unclassified
statement, together with such unclassified modifications as they find
are necessary or appropriate to protect the interest of other parties
and the public interest, adequately sets forth information in the
classified matter which is relevant and material to the issues in the
proceeding, they shall direct that the classified matter be excluded
from the record of the proceeding. The presiding officer's
determination will be considered by the Commission as a part of the
decision in the event of review.
(d) If the presiding officer determines that an unclassified
statement does not adequately present the information contained in the
classified matter which is relevant and material to the issues in the
proceeding, they shall include their reasons in their determination.
This determination shall be included as part of the record and will be
considered by the Commission in the event of review of the
determination.
* * * * *
Sec. 2.1202 [Amended]
0
24. In Sec. 2.1202, amend paragraph (a)(1) by removing the reference
``10 CFR 50.12'' and adding in its place the reference ``10 CFR
50.10''.
Sec. 2.1207 [Amended]
0
25. In Sec. 2.1207, amend paragraph (b)(4) by removing the text
``his'' and adding in its place the text ``their''.
[[Page 57878]]
Sec. 2.1319 [Amended]
0
26. In Sec. 2.1319:
0
a. Amend the third sentence in paragraph (b) by removing the text
``himself'' and adding in its place the text ``themselves''; and
0
b. Amend paragraph (c) by removing the text ``himself or herself'' and
adding in its place the text ``themselves'' and by removing the text
``he or she'' and adding in its place the text ``they''.
PART 26--FITNESS FOR DUTY PROGRAMS
0
27. The authority citation for part 26 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 103, 104, 107,
161, 223, 234, 1701 (42 U.S.C. 2073, 2133, 2134, 2137, 2201, 2273,
2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42
U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
Sec. 26.11 [Amended]
0
28. Amend Sec. 26.11 by adding zip code ``20852-2738'' after
``Maryland''.
PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL
0
29. The authority citation for part 32 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 81, 161, 170H, 181,
182, 183, 223, 234, 274 (42 U.S.C. 2111, 2201, 2210h, 2231, 2232,
2233, 2273, 2282, 2021); Energy Reorganization Act of 1974, sec. 201
(42 U.S.C. 5841); 44 U.S.C. 3504 note.
Sec. 32.72 [Amended]
0
30. In Sec. 32.72, amend paragraph (a)(2)(i) by removing the reference
``21 CFR 207.20(a)'' and adding in its place the reference ``21 CFR
207.17(a)''.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
31. 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.
Appendix A to Part 40--[Amended]
0
32. In the fourth paragraph of the the introduction to appendix A to
part 40, remove the text ``meterology'' and add in its place the text
``meteorology''.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
33. 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. 50.4 [Amended]
0
34. In Sec. 50.4, amend paragraph (a) by adding zip code ``20852-
2738'' after ``Maryland''.
Sec. 50.55a [Amended]
0
35. In Sec. 50.55a, amend the paragraph (b)(2)(xliii) heading by
removing the text ``Section XI Condition:''
0
36. In appendix H to part 50, revise paragraph III.B.1 to read as
follows:
Appendix H to Part 50--Reactor Vessel Material Surveillance Program
Requirements
* * * * *
III. * * *
B. * * *
1. The design of the surveillance program and the withdrawal
schedule must meet the requirements of the edition of the ASTM E 185
that is current on the issue date of the ASME Code to which the
reactor vessel was purchased; for reactor vessels purchased after
1982, the design of the surveillance program and the withdrawal
schedule must meet the requirements of ASTM E 185-82. For reactor
vessels purchased in or before 1982, later editions of ASTM E 185
may be used, but including only those editions through 1982. For
each capsule withdrawal, the test procedures and reporting
requirements must meet the requirements of ASTM E 185-82 to the
extent practicable for the configuration of the specimens in the
capsule. If any of the optional provisions in paragraphs III.B.4(a)
through (d) of this section are implemented in lieu of ASTM E 185,
the number of specimens included or tested in the surveillance
program shall be adjusted as specified in paragraphs III.B.4(a)
through (d) of this section.
* * * * *
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC
LICENSING AND RELATED REGULATORY FUNCTIONS
0
37. The authority citation for part 51 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 193 (42 U.S.C.
2201, 2243); Energy Reorganization Act of 1974, secs. 201, 202 (42
U.S.C. 5841, 5842); National Environmental Policy Act of 1969 (42
U.S.C. 4332, 4334, 4335); Nuclear Waste Policy Act of 1982, secs.
144(f), 121, 135, 141, 148 (42 U.S.C. 10134(f), 10141, 10155, 10161,
10168); 44 U.S.C. 3504 note.
Sections 51.20, 51.30, 51.60, 51.80, and 51.97 also issued under
Nuclear Waste Policy Act secs. 135, 141, 148 (42 U.S.C. 10155,
10161, 10168).
Section 51.22 also issued under Atomic Energy Act sec. 274 (42
U.S.C. 2021) and under Nuclear Waste Policy Act sec. 121 (42 U.S.C.
10141).
Sections 51.43, 51.67, and 51.109 also issued under Nuclear
Waste Policy Act sec. 114(f) (42 U.S.C. 10134(f)).
Sec. 51.77 [Amended]
0
38. In Sec. 51.77, amend paragraph (a) introductory text by removing
the reference ``appendix M'' and adding in its place the reference
``subpart F''.
PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER
PLANTS
0
39. The authority citation for part 52 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 103, 104, 147, 149,
161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134,
2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282);
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42
U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.
Sec. 52.3 [Amended]
0
40. In Sec. 52.3, amend paragraph (a) by adding zip code ``20852-
2738'' after ``Maryland''.
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
41. 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.
[[Page 57879]]
Sec. 72.3 [Amended]
0
42. In Sec. 72.3, amend the definition of ``High-level radioactive
waste or HLW'', in paragraph (1), by removing the text ``radioacive''
and adding in its place the text ``radioactive.''
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
0
43. The authority citation for part 73 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 147, 149, 161,
161A, 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).
0
44. In Sec. 73.4 revise paragraph (b) to read as follows:
Sec. 73.4 Communications.
* * * * *
(b) By hand delivery to the NRC's offices at 11555 Rockville Pike,
Rockville, Maryland 20852-2783;
* * * * *
Sec. 73.50 [Amended]
0
45. In Sec. 73.50, amend the introductory text by adding the article
``a'' before the words ``nuclear reactor''.
Dated: August 18, 2023.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of
Rulemaking, Environmental, and Financial Support, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2023-18183 Filed 8-23-23; 8:45 am]
BILLING CODE 7590-01-P