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Code · REGISTER · 2019-11-18 · PROPOSED RULES · Agriculture Agriculture Department See Foreign Agricultural Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63605 2019-24844 Alcohol Tobacco Tax Alcoho · Unknown

Unknown. Final rule

5,230 words·~24 min read·/register/2019/11/18/2019-25021·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2019-11-18.xml --- 84 222 Monday, November 18, 2019 Contents Agriculture Agriculture Department See Foreign Agricultural Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63605 2019-24844 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63716-63718 2019-25037 Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act:
IMS Global Learning Consortium, Inc., 63678 2019-24895 Changes under the National Cooperative Research and Production Act: ASTM International, 63678 2019-24896 Countering Weapons of Mass Destruction, 63678-63679 2019-24897 Bonneville Bonneville Power Administration NOTICES Environmental Impact Statements; Availability, etc.: Crystal Springs Hatchery Program Termination, 63648-63649 2019-24904 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicaid Program:
Medicaid Fiscal Accountability Regulation, 63722-63785 2019-24763 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63655-63659 2019-24929 2019-24930 Medicare Program: Request for Nominations for Members for the Medicare Evidence Development and Coverage Advisory Committee; Correction, 63657 2019-24934 Coast Guard Coast Guard RULES Safety Zones: Sunken Vessel Salvage, Port Sutton Channel, Tampa, FL, 63577-63579 2019-24905 Special Local Regulations:
Beauty and the Beast Triathlon, Christiansted Harbor, St. Croix, VI, 63575-63577 2019-24888 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department NOTICES Meetings: Defense Policy Board, 63648 2019-24884 Economic Analysis Bureau Economic Analysis Bureau NOTICES Meetings: Federal Economic Statistics Advisory Committee, 63606 2019-24873 Energy Department Energy Department See Bonneville Power Administration Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Ohio; Prevention of Significant Deterioration Greenhouse Gas Tailoring Rule, 63601-63604 2019-24688 NOTICES Administrative Settlement Agreement for Recovery of Past Response Costs Pursuant to CERCLA, 63652-63653 2019-24926 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of On-highway Vehicles and Motorcycles and Nonroad Engines, Vehicles, and Equipment, 63653-63654 2019-24987 Pesticide Registration Review:
Draft Human Health and/or Ecological Risk Assessments for Several Pesticides, 63649-63650 2019-24912 Proposed Interim Decisions for Several Pesticides, 63650-63652 2019-24919 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: General Electric Company Turbofan Engines, 63569-63571 2019-24898 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 63571-63575 2019-24453 2019-24454 PROPOSED RULES Airworthiness Directives:
Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 63580-63582 2019-24708 Airbus SAS Airplanes, 63582-63585 2019-24706 Dassault Aviation Airplanes, 63585-63588 2019-24707 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63711 2019-24920 Petition for Exemption: Moog, Inc.; Summary of Petition Received, 63712-63713 2019-24988 Petition for Exemption; Summary: Ameristar Air Cargo, Inc., 63713 2019-24925 Embraer Executive Aircraft, Inc., 63710-63711 2019-24924 Waiver of Aeronautical Land Use Assurance:
Newton City-County Airport, Newton, KS, 63711-63712 2019-24986 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 63667-63668 2019-24885 Flood Hazard Determinations; Changes, 63668-63670 2019-24883 Meetings: Technical Mapping Advisory Council, 63671 2019-24882 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63713-63716 2019-24891 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 63654-63655 2019-24969 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 63654 2019-25024 Food and Drug Food and Drug Administration NOTICES Charter Renewal: Nonprescription Drugs Advisory Committee, 63662-63663 2019-24917 Guidance: Smallpox (Variola Virus) Infection: Developing Drugs for Treatment or Prevention, 63659-63660 2019-24916 New Drug Application: Mayne Pharma Group, Ltd. and Actavis Laboratories UT, Inc.;
Withdrawal of Approval for Fentanyl Transdermal Systems, 63660 2019-24922 Pan American Laboratories, LLC, et al.; Proposal to Withdraw Approval; Opportunity for a Hearing, 63661-63662 2019-24921 Foreign Agricultural Foreign Agricultural Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63605-63606 2019-24893 Geological Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 63671-63672 2019-24887 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Chart Abstraction of Ryan White HIV/AIDS Program Recipient Data, 63664-63665 2019-24910 Ryan White HIV/AIDS Program Parts A and B Unobligated Balances and Rebate Addendum Tables, 63663-63664 2019-24911 National Vaccine Injury Compensation Program: Revised Amount of the Average Cost of a Health Insurance Policy, 63665 2019-24886 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Interior Interior Department See Geological Survey See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Cold Rolled Steel Flat Products from the Republic of Korea, 63607-63609 2019-24903 Certain New Pneumatic Off-The-Road Tires from the People's Republic of China, 63612-63613 2019-24899 Certain Oil Country Tubular Goods from the Republic of Korea, 63615-63617 2019-24900 Certain Tin Mill Products from Japan, 63618 2019-24901 Finished Carbon Steel Flanges from Italy, 63606-63607 2019-24902 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico, 63610-63612 2019-24852 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea, 63613-63615 2019-24854 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Water Filters and Components Thereof, 63676-63677 2019-24860 Glass Containers from China, 63677 2019-24858 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prison Population Reports: Summary of Sentenced Population Movement—National Prisoner Statistics, 63679-63680 2019-24918 Land Land Management Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Geothermal Resource Leasing and Permitting, and Geothermal Resources Unit Agreements, 63673-63674 2019-24907 Recordation of Location Notices and Mining Claims; Payment of Fees, 63672-63673 2019-24909 Meetings: Southwest Resource Advisory Council, CO, 63674 2019-24908 Plats of Survey: Eastern States, 63672 2019-24861 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 63680 2019-25039 National Institute National Institutes of Health NOTICES Meetings:
Interagency Pain Research Coordinating Committee, 63666 2019-24849 National Cancer Institute, 63666-63667 2019-24850 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Atlantic Highly Migratory Species; Atlantic Highly Migratory Species Southeast Data, Assessment, and Review Workshops Advisory Panel, 63646-63648 2019-24878 Takes of Marine Mammals: Incidental to the Jordan Cove Energy Project, Coos Bay, OR, 63618-63646 2019-24857 National Park National Park Service NOTICES Meetings:
Aniakchak National Monument Subsistence Resource Commission, 63675-63676 2019-24881 National Register of Historic Places: Pending Nominations and Related Actions, 63674-63675 2019-24913 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63681-63682 2019-24906 Meetings; Sunshine Act, 63680-63681 2019-25012 Nuclear Regulatory Nuclear Regulatory Commission RULES Miscellaneous Corrections, 63565-63569 2019-25021 NOTICES Exemption:
NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center, 63682-63686 2019-24855 Meetings: Stakeholder Input on Best Practices for Establishment and Operation of Local Community Advisory Boards in Response to a Portion of the Nuclear Energy Innovation and Modernization Act, 63686-63687 2019-24923 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Performance Review Board Members, 63687 2019-24879 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 63687-63688 2019-25000 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Government Agencies and Employees:
Federal Service Impasses Panel; Delegation of Removal Authority (Memorandum of November 12, 2019), 63787-63790 2019-25118 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 63698 2019-24866 Cboe BZX Exchange, Inc., 63700-63701 2019-24859 Cboe C2 Exchange, Inc., 63689 2019-24869 Cboe EDGA Exchange, Inc., 63688-63689 2019-24864 Cboe EDGX Exchange, Inc., 63688, 63700 2019-24865 2019-24870 Cboe Exchange, Inc., 63696-63699, 63701-63709 2019-24862 2019-24863 2019-24868 CboeBZX Exchange, Inc., 63699 2019-24871 ICE Clear Credit, LLC, 63693-63696 2019-24867 New York Stock Exchange, LLC, 63689-63693 2019-24872 NYSE Arca, Inc., 63699-63700 2019-24874 Small Business Small Business Administration NOTICES Conflicts of Interest:
GMB Mezzanine Capital IV, L.P., 63709 2019-24914 Social Social Security Administration PROPOSED RULES Rules Regarding the Frequency and Notice of Continuing Disability Reviews, 63588-63601 2019-24700 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Mandela Washington Fellowship for Young African Leaders, 63709-63710 2019-24877 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau NOTICES Meetings:
Tribal Advisory Committee, 63718-63719 2019-24989 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 63722-63785 2019-24763 Part III Presidential Documents, 63787-63790 2019-25118 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. 84 222 Monday, November 18, 2019 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2, 21, 37, 50, 52, 73, and 110 [NRC-2019-0128] RIN 3150-AK34 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 removing obsolete language and correcting references, a typographical error, mailing, email, and web page addresses, grammatical errors, a division title, and a division address and title. 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 18, 2019. ADDRESSES: Please refer to Docket ID NRC-2019-0128 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information for this action by any of the following methods: • *Federal Rulemaking Website:* Go to *https://www.regulations.gov* and search for Docket ID NRC-2019-0128. 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 *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, 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, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1230; email: *Jill.Shepherd@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The NRC is amending its regulations in parts 2, 21, 37, 50, 52, 73, and 110 of title 10 of the *Code of Federal Regulations* (10 CFR) to make miscellaneous corrections. These changes include removing obsolete language and correcting references, a typographical error, mailing, email, and web page addresses, grammatical errors, a division title, and a division address and title. 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 2 *Correct Reference.* In § 2.629(b), this final rule removes the incorrect reference § 2.617(b)(2) and replaces it with the correct reference § 2.627(b)(2). 10 CFR Part 21 *Correct typographical error.* In § 21.3(2), this final rule corrects a typographical error to reference subpart B instead of subpart C. 10 CFR Part 37 *Correct address.* In § 37.23(b)(2), this final rule removes the incorrect mailing address, ATTN: Document Control Desk; Director, Office of Nuclear Material Safety and Safeguards and replaces it with the correct mailing address, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; ATTN: Source Management and Protection Branch. In § 37.27(c)(1) and (2), this final rule corrects a mail stop, two email addresses, a division title, and the title of a web page. 10 CFR Part 50 *Correct grammatical errors.* This final rule corrects grammatical errors in § 50.36(c)(1)(i)(A) and appendix B to 10 CFR part 50, Section I, Organization. In § 50.36(c)(1)(i)(A), the phrase, integrity of certain of the physical barriers is corrected to read integrity of certain physical barriers. The first word in the seventh sentence in appendix B, section I, Organization, is corrected to read “The” instead of “There.” *Correct Reference.* In appendix J to 10 CFR part 50, option B, subsection IV, Recordkeeping, this final rule removes the reference to § 50.72(b)(1)(ii). 10 CFR Part 52 *Remove Obsolete Language.* In §§ 52.43(b) and 52.79(c)(2), this final rule removes the word “final” when describing a standard design approval. *Correct Reference.* In § 52.83(b), this final rule removes the incorrect reference to § 2.617(b)(2) and replaces it with the correct reference to § 2.627(b)(2). In appendices D and E to 10 CFR part 52, section VI.B.6, this final rule removes the incorrect reference to section VIII.B.5.f and replaces it with the correct reference to section VIII.B.5.g. In appendices A through D to 10 CFR part 52, this final rule removes the incorrect reference to ANSI/AISC-690 and replaces it with the correct reference to ANSI/AISC N-690. 10 CFR Part 73 *Correct Division Address and Title.* In § 73.57(e)(2), this final rule corrects the address and title of a division within the Federal Bureau of Investigation. *Correct Reference.* In § 73.70(c), this final rule removes the incorrect reference to § 73.55(d)(6) and replaces it with the correct reference to § 73.55(g)(7). In § 73.71(a)(2), this final rule removes the incorrect reference to § 73.21(g)(3) and replaces it with the correct reference to § 73.22(f)(3). In appendix B, VI.B.1(a)(4), this final rule removes reference to § 73.19 to ensure clarity and orderly codification, as there have never been requirements in § 73.19. *Correct mailing address.* In § 73.72(a)(1), this final rule corrects the mailing address where licensees must provide an advance notification of shipment of formula quantities of strategic special nuclear material, special nuclear material of moderate strategic significance, or irradiated reactor fuel. 10 CFR Part 110 *Correct Reference.* In § 110.42(e)(1), this final rule removes the incorrect reference to § 110.32(h) and replaces it with the correct reference to § 110.32(g). 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 obsolete language and correcting references, a typographical error, mailing, email, and web page addresses, grammatical errors, a division title, and a division address and title. 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 on December 18, 2019. 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 § 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 2019 (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 obsolete language and correcting references, a typographical error, mailing, email, and web page addresses, grammatical errors, a division title, and a division address and title. 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 this 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). IX. Agreement State Compatibility Under the “Agreement State Program Policy Statement” approved by the Commission on October 2, 2017, and published in the **Federal Register** on October 18, 2017 (82 FR 48535), NRC program elements (including regulations) are placed into compatibility categories A, B, C, D, NRC, or adequacy category Health and Safety (H&S). Compatibility Category A program elements are those program elements that are 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 program elements are those program elements that apply to activities that have direct and significant effects in multiple jurisdictions. An Agreement State should adopt Category B program elements in an essentially identical manner. Compatibility Category C program elements are those program elements that do not meet the criteria of Category A or B, but contain the essential objectives that 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 program elements are those program elements that do not meet any of the criteria of Category A, B, or C and, therefore, do not need to be adopted by Agreement States for purposes of compatibility. Compatibility Category NRC program elements 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 10 CFR. These program elements should not be adopted by the Agreement States. Adequacy category H&S program elements are program elements that are required because of a particular health and safety role in the regulation of agreement material within the State and should be adopted in a manner that embodies the essential objectives of the NRC program. The portion of this final rule that amends part 37 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. Compatibility Table Section Change Subject Compatibility Existing New Part 37 § 37.23(b)(2) Amend Access authorization program requirements B B § 37.27(c) Amend Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material B B List of Subjects 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 21 Nuclear power plants and reactors, Penalties, Radiation protection, Reporting and recordkeeping requirements. 10 CFR Part 37 Byproduct material, Criminal penalties, Exports, Hazardous materials transportation, Imports, Licensed material, Nuclear materials, Penalties, Radioactive materials, Reporting and recordkeeping requirements, Security measures. 10 CFR Part 50 Administrative practice and procedure, Antitrust, Backfitting, Classified information, Criminal penalties, Education, Emergency planning, Fire prevention, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Penalties, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements, Whistleblowing. 10 CFR Part 52 Administrative practice and procedure, Antitrust, Combined license, Early site permit, Emergency planning, Fees, Incorporation by reference, Inspection, Issue finality, Limited work authorization, 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 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 110 Administrative practice and procedure, Classified information, Criminal penalties, Exports, Incorporation by reference, Imports, Intergovernmental relations, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Scientific equipment. 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 2, 21, 37, 50, 52, 73, and 110. PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE 1. 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. Section 2.205(j) also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). § 2.629 [Amended] 2. In § 2.629(b), remove the reference “§ 2.617(b)(2)” and add in its place the reference “§ 2.627(b)(2)”. PART 21—REPORTING OF DEFECTS AND NONCOMPLIANCE 3. The authority citation for part 21 continues to read as follows: Authority: Atomic Energy Act of 1954, secs. 53, 63, 81, 103, 104, 161, 223, 234, 1701 (42 U.S.C. 2073, 2093, 2111, 2133, 2134, 2201, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note. § 21.3 [Amended] 4. In § 21.3 paragraph
(2)introductory text under the definition of “Basic component”, remove the phrase “subpart C” and add in its place the phrase “subpart B”. PART 37—PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL 5. 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. § 37.23 [Amended] 6. In § 37.23(b)(2), remove the phrase “ATTN: Document Control Desk; Director, Office of Nuclear Material Safety and Safeguards” and add in its place the phrase “Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Source Management and Protection Branch”. 7. In § 37.27, revise paragraphs (c)(1) and
(2)to read as follows: § 37.27 Requirements for criminal history records checks of individuals granted unescorted access to category 1 or 2 quantities of radioactive material.
(c)* * *
(1)For the purposes of complying with this subpart, licensees shall use an appropriate method listed in § 37.7 to submit to the U.S. Nuclear Regulatory Commission, Director, Division of Physical and Cyber Security Policy, 11545 Rockville Pike, ATTN: Criminal History Program/Mail Stop T-8B20, Rockville, MD 20852, one completed, legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ), electronic fingerprint scan or, where practicable, other fingerprint record for each individual requiring unescorted access to category 1 or category 2 quantities of radioactive material. Copies of these forms may be obtained by emailing *MAILSVS.Resource@nrc.gov.* Guidance on submitting electronic fingerprints can be found at *https://www.nrc.gov/security/chp.html.*
(2)Fees for the processing of fingerprint checks are due upon application. Licensees shall submit payment with the application for the processing of fingerprints through corporate check, certified check, cashier's check, money order, or electronic payment, made payable to “U.S. NRC.” (For guidance on making electronic payments, contact the Division of Physical and Cyber Security Policy by emailing *Crimhist.Resource@nrc.gov.* ) Combined payment for multiple applications is acceptable. The Commission publishes the amount of the fingerprint check application fee on the NRC's public website. (To find the current fee amount, go to the Licensee Criminal History Records Checks & Firearms Background Check information page at *https://www.nrc.gov/security/chp.html* and see the link for How do I determine how much to pay for the request?). PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTIIZATION FACILITIES 8. 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. § 50.36 [Amended] 9. In § 50.36(c)(1)(i)(A) in the first sentence, remove the phrase “integrity of certain of the physical barriers” and add in its place the phrase “integrity of certain physical barriers”. Appendix B to Part 50 [Amended] 10. In appendix B, section I, “Organization,” remove the first word of the seventh sentence “There” and add in its place the word “The”. Appendix J to Part 50 [Amended] 11. In appendix J, option B—Performance-Based Requirements, section IV, “Recordkeeping,” in the second paragraph remove the phrase “§§ 50.72(b)(1)(ii) and”. PART 52—LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS 12. 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. § 52.43 [Amended] 13. In § 52.43(b), remove the word “final”. § 52.79 [Amended] 14. In § 52.79(c)(2), remove the phrase “final design approval” and add in its place the phrase “design approval”. § 52.83 [Amended] 15. In § 52.83(b), remove the reference “§ 2.617(b)(2)” and add in its place the reference “§ 2.627(b)(2)”. Appendix A to Part 52 [Amended] 16. In appendix A, section VIII.B.6c.(2), remove the reference “ANSI/AISC-690” and add in its place the reference “ANSI/AISC N-690”. Appendix B to Part 52 [Amended] 17. In appendix B, section VIII.B.6c.(2), remove the reference “ANSI/AISC-690” and add in its place the reference “ANSI/AISC N-690”. Appendix C to Part 52 [Amended] 18. In appendix C, section VIII.B.6c.(4), remove the reference “ANSI/AISC—690” and add in its place the reference “ANSI/AISC N-690”. Appendix D to Part 52 [Amended] 19. In appendix D, in section VI.B.6, remove the reference “VIII.B.5.f” and add in its place the reference “VIII.B.5.g” and in section VIII.B.6.c(4), remove the reference “(ANSI/AISC)-690” and add in its place the reference “(ANSI/AISC) N-690”. Appendix E to Part 52 [Amended] 20. In appendix E, section VI.B.6, remove the reference “VIII.B.5.f” and add in its place the reference “VIII.B.5.g”. PART 73—PHYSICAL PROTECTION OF PLANTS AND MATERIALS 21. 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). § 73.57 [Amended] 22. In § 73.57(e)(2): a. Remove the title “Assistant Director,” in the second sentence; b. Remove the title “Identification Division” and add in its place the title “Criminal Justice Information Services Division” wherever it appears; and c. Remove “Washington DC 20537-9700” and add in its place “1000 Custer Hollow Road, Clarksburg, WV 26306” in the second sentence. § 73.70 [Amended] 23. In § 73.70(c) remove the reference “73.55(d)(6)” and add in its place the reference “73.55(g)(7)”. § 73.71 [Amended] 24. In § 73.71(a)(2) remove the reference “§ 73.21(g)(3)” and add in its place the reference “§ 73.22(f)(3)”. 25. In § 73.72, revise paragraph (a)(1) to read as follows: § 73.72 Requirement for advance notice of shipment of formula quantities of strategic special nuclear material, special nuclear material of moderate strategic significance, or irradiated reactor fuel.
(a)* * *
(1)Notify in writing by mail addressed to ATTN: Director, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555, or by using any appropriate method listed in § 73.4 of this part. Classified notifications shall be sent to the NRC headquarters classified mailing address listed in appendix A to this part. Appendix B to Part 73 [Amended] 26. In appendix B, section VI.B.1(a)(4) remove the last sentence. PART 110—EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL 27. The authority citation for part 110 continues to read as follows: Authority: Atomic Energy Act of 1954, secs. 11, 51, 53, 54, 57, 62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126, 127, 128, 129, 133, 134, 161, 170H, 181, 182, 183, 184, 186, 187, 189, 223, 234 (42 U.S.C. 2014, 2071, 2073, 2074, 2077, 2092, 2093, 2094, 2095, 2111, 2112, 2133, 2134, 2139, 2141, 2151, 2152, 2153, 2154, 2155, 2156, 2157, 2158, 2160c, 2160d, 2201, 2210h, 2231, 2232, 2233, 2234, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); Administrative Procedure Act (5 U.S.C. 552, 553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 note. Section 110.1(b) also issued under 22 U.S.C. 2403; 22 U.S.C. 2778a; 50 App. U.S.C. 2401 *et seq.* § 110.42 [Amended] 28. In § 110.42(e)(1) remove the reference “§ 110.32(h)” and add in its place the reference “§ 110.32(g)”. Dated at Rockville, Maryland, this 8th day of November 2019. 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. 2019-25021 Filed 11-15-19; 8:45 am]
Connectionstraces to 18
13 references not yet in our index
  • 10 CFR 2
  • 10 CFR 21
  • 10 CFR 37
  • 10 CFR 50
  • 10 CFR 52
  • 10 CFR 73
  • 10 CFR 110
  • Pub. L. 111-274
  • 5 USC 801-808
  • Pub. L. 104-134
  • Pub. L. 96-295
  • 94 Stat. 783
  • 94 Stat. 789
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