Unknown. Final rule

3,108 words·~14 min read·/register/2021/07/27/2021-15922

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-07-27.xml --- 86 141 Tuesday, July 27, 2021 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40190-40191 2021-15886 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Correction, 40190 2021-15900 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Licensed Firearms Manufacturers Records of Production, Disposition, and Supporting Data, 40210 2021-15946 Antitrust Division Antitrust Division NOTICES Granting of Requests for Early Termination of the Waiting Period Under the Premerger Notification Rules, 40210-40211 2021-15904 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Census Employment Application and Additional Applicant Information, 40191 2021-15909 Requests for Nominations:

Census Scientific Advisory Committee, 40191-40192 2021-15901 Coast Guard Coast Guard RULES Security Zone: Christina River, Newport, DE, 40149-40153 2021-16048 PROPOSED RULES Safety Zone: M/V ZHEN HUA 24, Crane Delivery Operation, Chesapeake Bay and Patapsco River, Baltimore, MD, 40184-40186 2021-15918 Commerce Commerce Department See Census Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: AmeriCorps Program Life Cycle Evaluation—Opioid Recovery Coach Model Bundled Evaluation, 40201-40202 2021-15913 AmeriCorps Program Life Cycle Evaluation—Volunteer Generation Fund Grant Program Evaluation, 40202 2021-15933 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application: Novitium Pharma, LLC, 40211 2021-15920 Importer of Controlled Substances Application: Catalent Pharma Solutions, LLC, 40211 2021-15919 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES National Oil and Hazardous Substances Pollution Contingency Plan;

Monitoring Requirements, 40234-40264 2021-15122 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Central United States, 40143-40144 2021-15838 Vicinity of Macon, MO, 40145-40146 2021-15835 York, PA, 40146-40147 2021-15921 NOTICES Waiver of Aeronautical Land Use Assurance: Colorado Springs Airport, Colorado Springs, CO, 40227 2021-15938 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, 40266-40298 2021-15512 NOTICES Combined Filings, 40203-40205 2021-15927 Effectiveness of Exempt Wholesale Generator Status:

West Medway II, LLC, BMP Wind LLC, Kei Mass Energy Storage I, LLC, et al., 40203 2021-15925 Water Quality Certification Application: City of Watervliet, NY, 40202-40203 2021-15926 Federal Highway Federal Highway Administration NOTICES Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs; Fixed Payment for Moving Expenses; Residential Moves, 40227-40229 2021-15930 Federal Maritime Federal Maritime Commission NOTICES Meetings; Sunshine Act, 40205 2021-15880 Federal Railroad Federal Railroad Administration RULES Positive Train Control Systems, 40154-40182 2021-15544 NOTICES Petition for Approval Extension:

Canadian Pacific Railway Co., 40230-40231 2021-15935 Railroads' Requests To Amend Their Positive Train Control Safety Plans and Positive Train Control Systems, 40229-40230 2021-15973 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Findings for Three Species, 40186-40189 2021-15497 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 40232 2021-15957 Homeland Homeland Security Department See Coast Guard Indian Affairs Indian Affairs Bureau RULES Tribal Energy Resource Agreements, 40147-40149 2021-15929 Inter-American Inter-American Foundation NOTICES Meetings;

Sunshine Act, 40205 2021-15966 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Initiation of Less-Than-Fair-Value Investigations: Acrylonitrile-Butadiene Rubber From France, the Republic of Korea, and Mexico, 40192-40197 2021-15895 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.:

Certain Integrated Circuits and Products Containing Same, 40208-40209 2021-15906 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Drug Enforcement Administration NOTICES Proposed Consent Decree: Clean Water Act, 40211-40212 2021-15934 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bloodborne Pathogens Standard, 40212-40213 2021-15932 Cotton Dust Standard, 40212 2021-15931 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Capital Planning and Stress Testing, 40213 2021-15924 Request for Information: Digital Assets and Related Technologies, 40213-40216 2021-15948 National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications from Students for Agency Initiatives Poetry Out Loud or the Musical Theater Songwriting Challenge for High School Students, 40216 2021-15976 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Safety and Health Information Collection, 40197 2021-15911 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries Off West Coast States: Modification of the West Coast Commercial Salmon Fisheries; Inseason Action #19-#21, 40182-40183 2021-15940 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Southeast Region Family of Forms, 40200-40201 2021-15955 Matching Fund Opportunity for Ocean and Coastal Mapping and Request for Partnership Proposals, 40197-40200 2021-15970 National Park National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Education Reservation Request Form, 40205-40206 2021-15899 Meetings: Alaska Region Subsistence Resource Commission Program, 40206-40208 2021-15972 Tule Springs Fossil Beds National Monument Advisory Council, 40208 2021-15974 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40217-40218 2021-15905 Antarctic Conservation Act Permits, 40217-40218 2021-15967 2021-15968 Meetings;

Sunshine Act, 40216-40219 2021-16104 2021-16109 2021-16111 Nuclear Regulatory Nuclear Regulatory Commission RULES Revisions to Reprocessing Plant Components for Export, 40141-40142 2021-15922 Nuclear Waste Technical Nuclear Waste Technical Review Board NOTICES Meetings, 40219 2021-15887 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 40219-40220 2021-15941 Postal Service Postal Service RULES International Mailing Services: Price Changes, 40153-40154 2021-15958 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40220 2021-15943 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40220-40221 2021-15937 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40221-40224 2021-15898 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Law Enforcement Officers Safety Act Photographic Identification Card Application, 40225-40226 2021-15917 Culturally Significant Object Being Imported for Exhibition: Great Hall Installation: Maya Art Exhibition, 40227 2021-15960 Niki de Saint Phalle in the 1960s Exhibition, 40224 2021-15959 Joan Mitchell Exhibition, 40225 2021-15962 Rebel, Jester, Mystic, Poet: Contemporary Persians—The Mohammed Afkhami Collection Exhibition, 40226 2021-15963 Culturally Significant Objects Being Imported for Exhibition:

Lives of the Gods: Divinity in Maya Art Exhibition, 40225 2021-15964 Culturally Significant Objects Imported for Exhibition: Jasper Johns: Mind/Mirror Exhibition, 40225 2021-15961 Determination: Foreign Assistance to the Central Government of Nauru, 40226-40227 2021-15984 Foreign Assistance to the Central Government of Nicaragua, 40226 2021-15985 Foreign Assistance to the Central Government of Syria, 40227 2021-15982 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration NOTICES Meetings:

Air Ambulance and Patient Billing Advisory Committee, 40231-40232 2021-15882 Treasury Treasury Department See Foreign Assets Control Office Separate Parts In This Issue Part II Environmental Protection Agency, 40234-40264 2021-15122 Part III Energy Department, Federal Energy Regulatory Commission, 40266-40298 2021-15512 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. 86 141 Tuesday, July 27, 2021 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 110 [NRC-2021-0026] RIN 3150-AK60 Revisions to Reprocessing Plant Components for Export AGENCY: Nuclear Regulatory Commission. ACTION:

Final rule. SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is amending its export regulations pertaining to the illustrative list of reprocessing plant components under the NRC's export licensing authority. This final rule is necessary to conform the export controls of the United States to the international export control guidelines of the Nuclear Suppliers Group, of which the United States is a member. These changes will align the NRC's requirements with the current version of the International Atomic Energy Agency's

(IAEA)document, “Guidelines for Nuclear Transfers” (INFCIRC/254/Part 1/Revision 14). DATES: This final rule is effective on July 27, 2021. ADDRESSES: Please refer to Docket ID NRC-2021-0026 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-2018-0294. Address questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; email: *Dawn.Forder@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.* • *Attention:* The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at *pdr.resource@nrc.gov* or call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lauren Mayros, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-287-9088; email: *Lauren.Mayros@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Discussion The purpose of this final rule is to revise the NRC's export regulations in part 110 of title 10 of the *Code of Federal Regulations* (10 CFR), “Export and Import of Nuclear Equipment and Material,” to conform the export controls of the United States to the international export control guidelines of the Nuclear Suppliers Group (NSG), of which the United States is a member. The NSG is a group of like-minded countries that seek to contribute to the nonproliferation of nuclear weapons through the implementation of guidelines for nuclear exports and nuclear-related exports. As a participating government in the NSG, the United States has committed to controlling export items on the NSG control lists. Participating governments are charged with implementing the changes adopted to the list as soon as possible after approval. The NSG Guidelines can be found at: *www.nuclearsuppliersgroup.org.* This final rule conforms the NRC's export regulations in 10 CFR part 110 with recent changes to the NSG Guidelines for Nuclear Transfers. These changes are necessary in order to align appendix I to 10 CFR part 110, “Illustrative List of Reprocessing Plant Components Under NRC Export Licensing Authority,” with the changes made to Annex B of the NSG Guidelines for Nuclear Transfers, entitled “Plants for the reprocessing of irradiated fuel elements, and equipment especially designed or prepared therefore.” The NRC has determined that these changes are consistent with current U.S. policy, and will pose no unreasonable risk to the public health and safety or to the common defense and security of the United States. II. Summary of Changes 10 CFR Part 110 The recent NSG changes were made to Section 3 of Annex B of the Part 1 Guidelines, entitled “Plants for the reprocessing of irradiated fuel elements, and equipment especially designed or prepared therefore,” which covers reprocessing plants and equipment and, specifically, different types of equipment used to open the fuel cladding surrounding uranium fuel. The first set of changes were made to paragraph 3.1 of Section 3, entitled “Irradiated fuel element chopping machines.” The entry was amended with new text that is more neutral in clarifying precisely how the fuel element is de-cladded to expose the irradiated nuclear fuel for further processing. The old text focused on chopping machines (guillotine-like blades that cut the fuel rod into shorter pieces without removing the actual cladding). The new text makes it clear that other methods can be used to de-clad fuel. The second set of changes were made to paragraph 3.2 of Section 3, entitled “Dissolvers.” This amendment broadens the description of the referenced dissolvers. The old text was focused on ensuring criticality safety exclusively through controlling the geometry of the tanks. The new language clarifies that the tanks are not necessarily made safe by geometry alone. Other physical means and process controls can be used to ensure safety. The corresponding changes to 10 CFR part 110 will be made to appendix I, entitled “Illustrative List of Reprocessing Plant Components Under NRC Export Licensing Authority.” Paragraph 3.1 changes to the NSG Part 1 Guidelines will be made to paragraph

(1)of appendix I, and Paragraph 3.2 changes to the NSG Part 1 Guidelines will be made to paragraph

(2)of appendix I. Since the appendix I entries of 10 CFR part 110 exactly match the Section 3 entries of the NSG Part 1 Guidelines, the changes to 10 CFR part 110 will be made exactly as they were implemented in the NSG Part 1 Guidelines. III. Rulemaking Procedure Because this rule involves a foreign affairs function of the U.S., the notice and comment provisions of the Administrative Procedures Act do not apply (5 U.S.C. 553(a)(1)), and good cause exists to make this rule immediately effective upon publication. The effective date for those entities who receive actual notice of this rule is the date of receipt of this rule. 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)(1), which categorically excludes from environmental review any amendments to 10 CFR part 110. 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 new or amended information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Existing requirements were approved by the Office of Management and Budget under approval number 3150-0036. VI. 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. VII. Regulatory Analysis This final rule revises appendix I to 10 CFR part 110 to conform to the NRC's changes to Annex B. There is no alternative to amending the regulations for the export of nuclear equipment and material. Therefore, the NRC did not develop a regulatory analysis for this final rule. This final rule is expected to have no changes in the information collection burden or cost to the public. VIII. 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). IX. Backfitting and Issue Finality The NRC has determined that a backfit analysis is not required for this rule, because these amendments do not include any provisions that would impose backfits as defined in 10 CFR chapter I. X. Congressional Review Act This final rule is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a “major rule” as defined by that act. List of Subjects in 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 part 110: PART 110—EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL 1. The authority citation for part 110 continues to read in part 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.* 2. In appendix I to part 110, revise paragraphs

(1)and

(2)to read as follows: Appendix I to Part 110—Illustrative List of Reprocessing Plant Components Under NRC Export Licensing Authority

(1)Irradiated fuel element decladding equipment and chopping machines. Remotely operated equipment especially designed or prepared for use in a reprocessing plant and intended to expose or prepare the irradiated nuclear fuel assemblies, bundles, or rods for processing. This equipment cuts, chops, shears, or otherwise breaches the cladding of the fuel to expose the irradiated nuclear material for processing or prepares the fuel for processing. Especially designed cutting shears are most commonly employed, although advanced equipment, such as lasers, peeling machines, or other techniques, may be used. Decladding involves removing the cladding of the irradiated nuclear fuel prior to its dissolution.

(2)Dissolvers. Dissolver vessels or dissolvers employing mechanical devices especially designed or prepared for use in a reprocessing plant, intended for dissolution of irradiated nuclear fuel and which are capable of withstanding hot, highly corrosive liquid, and which can be remotely loaded, operated and maintained. Dissolvers normally receive the solid, irradiated nuclear fuel. Nuclear fuels with cladding made of material including zirconium, stainless steel, or alloys of such materials must be decladded and/or sheared or chopped prior to being charged to the dissolver to allow the acid to reach the fuel matrix. The irradiated nuclear fuel is typically dissolved in strong mineral acids, such as nitric acid, and any undissolved cladding removed. While certain design features, such as small diameter, annular, or slab tanks may be used to ensure criticality safety, they are not a necessity. Administrative controls, such as small batch size or low fissile material content, may be used instead. Dissolver vessels and dissolvers employing mechanical devices are normally fabricated of material such as low carbon stainless steel, titanium or zirconium, or other high-quality materials. Dissolvers may include systems for the removal of cladding or cladding waste and systems for the control and treatment of radioactive off-gases. These dissolvers may have features for remote placement since they are normally loaded, operated, and maintained behind thick shielding. Dated: July 21, 2021. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2021-15922 Filed 7-26-21; 8:45 am]

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