Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2018-11-21.xml --- 83 225 Wednesday, November 21, 2018 Contents Administrative Administrative Conference of the United States NOTICES Meetings: Assembly of the Administrative Conference of the United States, 58755-58756 2018-25401 Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58756-58757 2018-25395 2018-25403 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Meetings:

Community Bank Advisory Council, 58762-58763 2018-25421 Consumer Advisory Board Subcommittee, 58763 2018-25420 Credit Union Advisory Council, 58762 2018-25419 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs, 58818-59179 2018-24243 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 58757 2018-25534 Civil Rights Civil Rights Commission NOTICES Meetings;

Sunshine Act, 58757 2018-25588 Coast Guard Coast Guard RULES Drawbridge Operations: Okeechobee Waterway (Caloosahatchee River), LaBelle, FL, 58745 2018-25332 Safety Zone: Ohio River, Mile 28.0 to 29.2, Vanport, Pennsylvania, 58745-58747 2018-25379 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58780-58781 2018-25268 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Community Living Administration Community Living Administration NOTICES Meetings:

Administration on Intellectual and Developmental Disabilities, Presidents Committee for People With Intellectual Disabilities, 58775 2018-25375 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Service Criminal History Check Recordkeeping Requirement, 58763-58764 2018-25414 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58764-58765 2018-25393 Meetings:

Board of Visitors, National Defense University, 58765 2018-25432 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Performance Partnership Pilots Application, 58765-58766 2018-25404 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Fusion Energy Sciences Advisory Committee, 58766 2018-25382 Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Reporting Requirements for BEACH Act Grants (Renewal), 58767-58768 2018-25423 Draft Human Health Toxicity Assessments for Hexafluoropropylene Oxide Dimer Acid and its Ammonium Salt (GenX Chemicals) and for Perfluorobutane Sulfonic Acid

(PFBS)and Related Compound Potassium Perfluorobutane Sulfonate, 58768-58770 2018-25422 Federal Aviation Federal Aviation Administration RULES Amendment of Class D Airspace and Establishment of Class E Airspace: Tyndall AFB, FL, 58742-58743 2018-25328 Amendment of Class E Airspace; and Establishment of Class E Airspace: Mountain City, TN; and Elizabethton, TN, 58743-58744 2018-25329 Special Conditions: Garmin International, Textron Aviation Inc. Model 560XL; Airplane Electronic-System Security Protection From Unauthorized External Access, 58740-58742 2018-25362 Garmin International, Textron Aviation Inc. Model 560XL; Airplane Electronic-System Security Protection From Unauthorized Internal Access, 58739-58740 2018-25363 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Airports, 58810-58811 2018-25361 Pilot Certification and Qualification Requirements for Air Carrier Operations, 58810 2018-25360 Report of Inspections Required by Airworthiness Directives, 58812-58813 2018-25359 Petitions for Exemptions; Summaries: Delta Air Lines, Inc., 58811-58812 2018-25364 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings: Systemic Resolution Advisory Committee, 58770-58771 2018-25366 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 58766-58767 2018-25371 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 58771 2018-25389 Complaints: Logfret, Inc., v. Kirsha, B. V., Leendert Johanness Bergwerff a/k/a Hans Bergwerff, Linda Sieval, 58771 2018-25415 Federal Railroad Federal Railroad Administration RULES Passenger Equipment Safety Standards; Standards for Alternative Compliance and High-Speed Trainsets, 59182-59230 2018-25020 Federal Reserve Federal Reserve System RULES Large Financial Institution Rating System (Regulations K and LL), 58724-58739 2018-25350 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58771-58775 2018-25338 2018-25339 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 58771 2018-25383 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Endangered Species Status for the Candy Darter, 58747-58754 2018-25316 PROPOSED RULES Endangered and Threatened Species: Designation of Critical Habitat for the Candy Darter, 59232-59268 2018-25315 NOTICES Habitat Conservation Plan for Seven Species in the Santa Clara River Watershed; Categorical Exclusion for Foothill Feeder Inspection and Maintenance Activities, Los Angeles County, California, 58782-58783 2018-25397 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Licensing Provisions; Requirements on Content and Format of Labeling for Human Prescription Drug and Biological Products, 58776-58777 2018-25352 Use of the Names of Dairy Foods in the Labeling of Plant-Based Products; Extension of Comment Period, 58775-58776 2018-25347 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 58813-58814 2018-25346 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Charter Renewals: Advisory Committee on Blood and Tissue Safety and Availability, 58777-58778 2018-25374 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Little River Band Trust Acquisition and Casino Project, Township of Fruitport, Muskegon County, MI, 58783-58784 2018-25411 Proposed Campo Wind Energy Project, San Diego, CA, 58784-58785 2018-25412 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey, 58757-58758 2018-25381 Meetings: Roundtable on Energy, Information and Communication Technology, and Infrastructure in the Indo-Pacific Region, 58758-58760 2018-25417 Justice Department Justice Department NOTICES Supplemental Information Regarding Arizona Capital Counsel Mechanism, 58786-58787 2018-25333 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: National Petroleum Reserve in Alaska, 58785-58786 2018-25336 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 58787 2018-25376 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 58779 2018-25356 National Heart, Lung, and Blood Institute, 58778-58779 2018-25353 2018-25354 National Institute of Neurological Disorders and Stroke, 58778-58779 2018-25355 National Institute on Aging, 58778 2018-25351 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher/Processors Using Trawl Gear in the Central Regulatory Area of the Gulf of Alaska, 58754 2018-25399 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58760 2018-25368 Nuclear Regulatory Nuclear Regulatory Commission RULES Organizational Changes; Miscellaneous Corrections, 58721-58724 2018-25378 NOTICES Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the Wyoming Department of Environmental Quality, 58787-58788 2018-25367 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Matters Related to First Inventor To File, 58761-58762 2018-25408 Patent Review and Derivation Proceedings, 58761 2018-25409 Patents for Humanity Program, 58760 2018-25410 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 58788-58789 2018-25377 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 58802-58804 2018-25341 Cboe BZX Exchange, Inc., 58789-58794 2018-25344 Cboe EDGA Exchange, Inc., 58795-58798 2018-25340 Cboe Futures Exchange, LLC, 58800-58802 2018-25358 LCH SA, 58798-58800 2018-25342 NYSE American, LLC, 58794-58795 2018-25343 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58804-58805 2018-25335 2018-25348 2018-25357 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Overseas Schools Grant Status Report, 58806 2018-25365 Substance Substance Abuse and Mental Health Services Administration NOTICES Funding Opportunities: Fiscal Year 2019; Single Source Grant to the Community Anti-Drug Coalitions of America, 58779-58780 2018-25349 Surface Transportation Surface Transportation Board NOTICES Continuances in Control Exemptions: Paul Didelius; KET, LLC, 58806-58807 2018-25413 Leases: CSX Transportation, Inc.; Western and Atlantic Railroad, 58807-58809 2018-25388 Operation Exemptions: KET, LLC; Lines of Railroad in Benton County, WA, 58809-58810 2018-25418 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration NOTICES Meetings: Advisory Committee on Human Trafficking, 58813 2018-25380 Treasury Treasury Department See Foreign Assets Control Office U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Naturalization, 58781-58782 2018-25345 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 58814-58815 2018-25405 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 58818-59179 2018-24243 Part III Transportation Department, Federal Railroad Administration, 59182-59230 2018-25020 Part IV Interior Department, Fish and Wildlife Service, 59232-59268 2018-25315 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 83 225 Wednesday, November 21, 2018 Rules and Regulations 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: *Carol.Gallagher@nrc.gov* . • *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 *pdr.resource@nrc.gov* . • *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: *Jill.Shepherd-Vladimir@nrc.gov* . 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 § 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 §§ 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 §§ 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 §§ 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 § 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 § 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 § 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 § 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 § 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 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 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. 2. Revise § 37.7(a) to read as follows: § 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 Regulatory Commission, Washington, DC 20555-0001; § 37.77 [Amended] 3. In § 37.77, wherever it appears, remove the title “Division of Security Policy,” and in paragraph (c)(1), remove the phrase “of Nuclear Security”. § 37.81 [Amended] 4. In § 37.81(g) introductory text, remove the third sentence. PART 40—DOMESTIC LICENSING OF SOURCE MATERIAL 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. § 40.23 [Amended] 6. Amend § 40.23 as follows: a. In paragraph (b)(1), remove the title “Division of Security Policy,”; 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”. 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”. 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”. § 40.64 [Amended] 7. In § 40.64(c)(2) and (3), remove the last sentence in each paragraph. § 40.66 [Amended] 8. Amend § 40.66 as follows: a. In paragraph (a), remove the title “Division of Security Policy,”; b. In paragraph (b)(5), remove the title “Division of Security Policy,” and add in its place the title “Director,”; and c. In paragraph (c), remove the title “Division of Security Policy,” and add in its place the title “Director,”. § 40.67 [Amended] 9. Amend § 40.67 as follows: a. In paragraph (a), remove the title “Division of Security Policy,”; and 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 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. § § 70.5 and 70.20b [Amended] 11. In §§ 70.5 and 70.20b, wherever it appears, remove the title “Division of Security Policy,”. § 70.32 [Amended] 12. In § 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 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). § 71.97 [Amended] 14. In § 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 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. § 72.186 [Amended] 16. In § 72.186(b), remove the title “Division of Spent Fuel Management,”. PART 73—PHYSICAL PROTECTION OF PLANTS AND MATERIALS 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). § § 73.4, 73.37, 73.71, 73.72, 73.73 and 73.74 [Amended] 18. In §§ 73.4, 73.37, 73.71, 73.72, 73.73, and 73.74, wherever it appears, remove the title “Division of Security Policy,”. § § 73.26, 73.27, and 73.67 [Amended] 19. In §§ 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 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. § 76.5 [Amended] 21. In § 76.5(a), remove the title “Division of Security Policy,”. PART 95—FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL SECURITY INFORMATION AND RESTRICTED DATA 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. § 95.9 [Amended] 23. In § 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]

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