Unknown. Final rule

5,005 words·~23 min read·/register/2023/11/21/2023-24950

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-2023-11-21.xml --- 88 223 Tuesday, November 21, 2023 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81039-81040 2023-25726 Agriculture Agriculture Department See Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81040-81041 2023-25721 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: State and Local Government Finance Collections, and Public Employment and Payroll Collections, 81041-81042 2023-25733 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Healthy Marriage and Responsible Fatherhood Performance Measures, 81085-81086 2023-25720 Social Services Block Grant Post-Expenditure Report, Pre-Expenditure Report, and Intended Use Plan, 81088-81089 2023-25712 U.S.

Repatriation Program Forms, 81087-81088 2023-25682 Voluntary Acknowledgment of Paternity and Required Data Elements for Paternity Establishment Affidavits, 81086-81087 2023-25731 Coast Guard Coast Guard RULES 2022 Liquid Chemical Categorization Updates, 81184-81234 2023-25026 PROPOSED RULES Great Lakes Pilotage Modernization, 81294-81336 2023-25425 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Investment of Customer Funds by Futures Commission Merchants and Derivatives Clearing Organizations, 81236-81292 2023-24774 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Whistleblower Provisions, 81064-81065 2023-25692 Meetings: Agricultural Advisory Committee, 81063-81064 2023-25748 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Capital Adequacy Standards, 81176-81180 2023-25744 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation Part 11 Requirements, 81084-81085 2023-25727 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Performance Report for Gaining Early Awareness and Readiness for Undergraduate Programs Program, 81065-81066 2023-25705 Connecting Adults to Success: Career Navigator Training Study, 81067 2023-25678 Gaining Early Awareness and Readiness for Undergraduate Programs Final Performance Report, 81065 2023-25704 Report of Children Receiving Early Intervention Services in Accordance With Part C; Report of Program Settings in Accordance with Part C;

Report on Infants and Toddlers Exiting Part C, 81066-81067 2023-25651 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels), 81019-81020 2023-25759 Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Residues of Pesticide Chemicals in or on Various Commodities (October 2023), 81021-81022 2023-25751 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes, 80952-80955 2023-25762 PROPOSED RULES Use of Supplemental Restraint Systems, 80997-81019 2023-24936 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Means of Compliance, Declarations of Compliance, and Labeling Requirements for Unmanned Aircraft with Remote Identification, 81174-81175 2023-25745 Environmental Assessments; Availability, etc.: SpaceX Starship/Super Heavy Launch Vehicle Program at the SpaceX Boca Chica Launch Site in Cameron County, TX, 81176 2023-25722 Federal Communications Federal Communications Commission RULES Television Broadcasting Services:

Idaho Falls, ID, 80993-80994 2023-25393 Federal Deposit Federal Deposit Insurance Corporation NOTICES Hearings, Meetings, Proceedings etc., 81080 2023-25732 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Energy Stream, LLC, 81075-81077 2023-25675 Lakeport Hydroelectric One, LLC, 81070-81071 2023-25673 MountainWest Overthrust Pipeline, LLC, 81072-81074 2023-25710 Combined Filings, 81069-81070, 81079-81080 2023-25737 2023-25738 Environmental Assessments;

Availability, etc.: Northern Border Pipeline Co., Bison XPress Project, 81077-81078 2023-25707 Rio Bravo Pipeline Co., LLC; Rio Bravo Pipeline Route Amendment, 81068-81069 2023-25674 Hearings, Meetings, Proceedings etc.: Reliability Technical Conference; Post-Technical Conference Comments, 81074-81075 2023-25672 Tower Kleber LP; Tribal Consultation and Environmental Site Review, 81071-81072 2023-25740 Institution of Section 206 Proceeding: Elgin Energy Center, LLC; Rocky Road Power, LLC, 81069 2023-25741 Request under Blanket Authorization:

Columbia Gas Transmission, LLC, 81078-81079 2023-25706 Revised Schedule: White Pine Pumped Storage Project; White Pine Waterpower, LLC, 81074 2023-25709 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings, 81080-81081 2023-25640 Federal Trade Federal Trade Commission NOTICES Proposed Settlement Agreement, Stipulation, Order, and Judgment, etc.: Global Tel*Link, 81081-81082 2023-25690 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species:

Kern Canyon Slender Salamander and Endangered Species Status for the Relictual Slender Salamander; Designation of Critical Habitat, 81028-81038 2023-25622 NOTICES Permits; Applications, Issuances, etc.: Incidental Take and Proposed Habitat Conservation Plan for the Sand Skink and Blue-tailed Mole Skink; Polk County, FL, 81097-81098 2023-25747 Food and Drug Food and Drug Administration RULES Direct-to-Consumer Prescription Drug Advertisements: Presentation of the Major Statement in a Clear, Conspicuous, and Neutral Manner in Advertisements in Television and Radio Format, 80958-80984 2023-25428 Foreign Assets Foreign Assets Control Office RULES Publication:

Russian Harmful Foreign Activities Sanctions Regulations Web General Licenses 13G, 74, 75, and 76, 80984-80986 2023-25642 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 81101 2023-25810 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Samsung Electronics America, Inc., Foreign-Trade Zone 168 (Stylus for Mobile Phones and Tablets); Coppell, TX, 81043 2023-25730 Proposed Production Activity: MandM Labs, LLC, Foreign-Trade Zone 57, (Packaging of Nutritional Supplements and Skin Care Products);

Mill Spring, NC, 81042 2023-25729 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation; Contract Solicitation Information, 81083-81084 2023-25693 Federal Acquisition Regulation Part 11 Requirements, 81084-81085 2023-25727 Fiscal Year 2021 Service Contract Inventory, 81082-81083 2023-25694 Hearings, Meetings, Proceedings etc.: Green Building Advisory Committee, 81083 2023-25717 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Federal Financial Participation in State Assistance Expenditures:

Federal Matching Shares for Medicaid, the Children's Health Insurance Program, and Aid to Needy Aged, Blind, or Disabled Persons for October 1, 2024, through September 30, 2025, 81090-81093 2023-25636 Requests for Nominations: Membership on the Secretary's Advisory Committee on Human Research Protections, 81089-81090 2023-25742 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Public Interest, General Applicability Waiver of Build America, Buy America Provisions:

Pacific Island Territory Recipients of HUD Federal Financial Assistance: Final Notification, 81094-81097 2023-25650 Industry Industry and Security Bureau RULES Additions to the Entity List, 80955-80958 2023-25684 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau Internal Revenue Internal Revenue Service RULES User Fees Relating to Enrolled Actuaries; Correction, 80984 2023-25438 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Frozen Warmwater Shrimp from Ecuador, India, Indonesia, and the Socialist Republic of Vietnam, 81053-81058 2023-25735 Non-Refillable Steel Cylinders from the People's Republic of China, 81051-81053 2023-25689 Paper File Folders from the People's Republic of China, India, and the Socialist Republic of Vietnam, 81048-81051 2023-25688 Sales at Less Than Fair Value; Determinations, Investigations, etc.: Frozen Warmwater Shrimp from Ecuador and Indonesia, 81043-81048 2023-25736 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Citric Acid and Certain Citrate Salts from Belgium, Colombia, and Thailand, 81099-81100 2023-25679 Complaint, 81098-81099 2023-25699 Investigations; Determinations, Modifications, and Rulings, etc.: United States-Mexico-Canada Agreement Automotive Rules of Origin: Economic Impact and Operation, 2025 Report, 81100-81101 2023-25680 Justice Department Justice Department See Foreign Claims Settlement Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Law Enforcement Officers Killed and Assaulted Data Collection, LEOKA Collection Tool 701 for Feloniously Killed; and LEOKA Collection Tool 701a for Accidentally Killed, 81101-81102 2023-25643 National Prisoner Statistics Program: Maternal Health Supplement, 81102-81103 2023-25644 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: High-Wage Components of the Labor Value Content Requirements under the USMCA, 81103-81104 2023-25686 Logging Operations Standard, 81104-81105 2023-25685 National Childcare Costs Database, 81104 2023-25687 Land Land Management Bureau PROPOSED RULES Temporary Closure and Restriction Orders, 81022-81028 2023-25698 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulation Part 11 Requirements, 81084-81085 2023-25727 National Credit National Credit Union Administration RULES Charitable Donation Accounts, 80950-80952 2023-25749 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 81093 2023-25677 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Gulf of Mexico Greater Amberjack; 2024 Commercial Accountability Measure, 80995 2023-25658 Fisheries of the Exclusive Economic Zone off Alaska:

Two Groundfish Species in the Bering Sea and Aleutian Islands Management Area, 80996 2023-25728 NOTICES Hearings, Meetings, Proceedings etc.: Fisheries of the Exclusive Economic Zone off Alaska; Alaska Groundfish and Halibut Seabird Working Group, 81062 2023-25695 Meetings: Pacific Fishery Management Council, 81061-81062 2023-25725 Sanctuary System Business Advisory Council, 81062-81063 2023-25708 Taking or Importing of Marine Mammals: Geophysical Survey in the Ross Sea, Antarctica, 81058-81061 2023-25716 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 81108-81110 2023-25718 National Telecommunications National Telecommunications and Information Administration RULES Manual of Regulations and Procedures for Federal Radio Frequency Management, 80994-80995 2023-25649 Nuclear Regulatory Nuclear Regulatory Commission RULES Miscellaneous Corrections, 80947-80950 2023-24950 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Comprehensive Decommissioning Program, Annual Site List and Point of Contact, 81111-81112 2023-25754 Cumulative Occupational Dose History, 81112-81113 2023-25755 Domestic Licensing of Special Nuclear Material, 81110-81111 2023-25753 Manual License Verification Report/License Verification System, 81113-81114 2023-25752 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Nationally Recognized Testing Laboratories:

FM Approvals LLC; Applications for Expansion of Recognition and Proposed Modification, 81105-81107 2023-25683 SolarPTL, LLC; Application for Expansion of Recognition, 81107-81108 2023-25691 Patent Patent and Trademark Office NOTICES Interim Patent Term Extension: U.S. Patent No. 7,329,689; Duvyzat (Givinostat hydrochloride monohydrate), 81063 2023-25697 Postal Service Postal Service RULES International Competitive Services Price Changes, 80986-80987 2023-25654 Reclamation Reclamation Bureau RULES Public Conduct on Bureau of Reclamation Facilities, Lands, and Waterbodies, 80987-80993 2023-25466 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 81121-81122, 81165-81166 2023-25723 2023-25724 Joint Industry Plan: Market Volatility; Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., Financial Industry Regulatory Authority, Inc., Investors Exchange LLC, Long-Term Stock Exchange, Inc., MEMX LLC, MIAX Pearl, LLC, NASDAQ BX, Inc., NASDAQ PHLX, LLC, The NASDAQ Stock Market LLC, New York Stock Exchange, LLC, NYSE American, LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE National, Inc., 81131-81150 2023-25543 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BZX Exchange, Inc., 81150 2023-25660 Cboe Exchange, Inc., 81130-81131 2023-25670 MIAX PEARL, LLC, 81125-81130 2023-25669 Nasdaq BX, Inc., 81163-81165 2023-25671 Nasdaq ISE, LLC, 81122-81125 2023-25665 Nasdaq PHLX, LLC, 81150-81154, 81161-81163, 81172-81173 2023-25663 2023-25668 2023-25657 New York Stock Exchange, LLC, 81114-81121 2023-25666 NYSE American LLC, 81157-81161 2023-25664 NYSE Arca, Inc., 81171-81172 2023-25659 2023-25661 The Nasdaq Stock Market, LLC, 81154-81157, 81166-81171 2023-25662 2023-25656 2023-25667 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

The Harlem Renaissance and Transatlantic Modernism, 81173-81174 2023-25655 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service See United States Mint Customs U.S. Customs and Border Protection NOTICES Hearings, Meetings, Proceedings etc.: Commercial Customs Operations Advisory Committee, 81093-81094 2023-25702 U.S. Mint United States Mint NOTICES Requests for Nominations:

Citizens Coinage Advisory Committee, 81180-81181 2023-25719 Separate Parts In This Issue Part II Homeland Security Department, Coast Guard, 81184-81234 2023-25026 Part III Commodity Futures Trading Commission, 81236-81292 2023-24774 Part IV Homeland Security Department, Coast Guard, 81294-81336 2023-25425 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. 88 223 Tuesday, November 21, 2023 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Parts 9, 30, 50, 51, 70, and 110 [NRC-2023-0144] RIN 3150-AL04 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. The amendments correct spelling and references; update contact information; and remove obsolete language. This 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, 2023. ADDRESSES: Please refer to Docket ID NRC-2023-0144 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-2023-0144. Address questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; email: *Dawn.Forder@nrc.gov.* 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 *PDR.Resource@nrc.gov.* • *NRC's PDR:* The PDR, where you 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 *PDR.Resource@nrc.gov* 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: Tricia Lizama, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-4110, email: *TriciaDolores.Lizama@nrc.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Summary of Changes III. Rulemaking Procedures 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 9, 30, 50, 51, 70, and 110 of title 10 of the *Code of Federal Regulations* (10 CFR). The NRC is making these amendments to correct spelling and references; revise contact information; and remove obsolete language. II. Summary of Changes 10 CFR Part 9 *Correct Reference.* This final rule removes an obsolete reference in § 9.104(a)(4) to “§ 2.790(d)” and replaces it with the reference “§§ 2.390(b)(3)(i) and (b)(4)”. 10 CFR Part 30 *Correct Spelling.* This final rule corrects the spelling of the term “supersede” in footnote 1 to § 30.32. 10 CFR Part 50 *Correct Reference.* This final rule removes the obsolete reference “Section 2.790 of 10 CFR part 2” in appendix C to part 50 and replaces it with “Section 2.390 of 10 CFR part 2”. *Correct Reference.* In appendix J to 10 CFR part 50, this final rule revises footnote 2 by replacing it with a cross-reference to footnote 1. 10 CFR Part 51 *Remove Obsolete Language:* This final rule removes references to Subpart G that were inadvertently reinserted at §§ 51.34 and 51.102 in a final rule “Miscellaneous Corrections” (79 FR 66598; November 10, 2014). 10 CFR Part 70 *Correct Spelling.* This final rule corrects the spelling of the term “supersede” in the footnote to § 70.22. This rule also corrects the spelling of the term “combined” in § 70.24 paragraph (d)(1). *Correct Reference.* This final rule redesignates in ascending order the footnotes in § 70.22(f) and (i)(3)(viii). This final rule also redesignates in numerical order the footnote in § 70.23(b). 10 CFR Part 110 *Revise Contact Information.* The NRC is providing an alternate method of contact for submitting reporting requirements through electronic submission by adding the email addresses “ *110.23reports@nrc.gov* ” in § 110.54(b) and “ *110.26reports@nrc.gov* ” in § 110.54(c). III. Rulemaking Procedures 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 correct spelling and references; revise contact information; and remove obsolete language. 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, 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 § 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, including correcting spelling and references; revising contact information; and removing obsolete 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 Act 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. 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; October 18, 2017), 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 portions of this final rule that amend 10 CFR parts 30 and 70 are a matter of compatibility between the NRC and the Agreement States, thereby providing consistency among Agreement State and NRC requirements, and are listed in the following table. The changes to 10 CFR parts 9, 50, 51, and 110 categories are not subject to Agreement State jurisdiction and consequently are not required for compatibility. Compatibility Table Section Change Subject Compatibility Existing New Part 30 30.32(i) AMEND Application for specific licenses H&S H&S. Part 70 70.22(f),

(i)AMEND Contents of application NRC NRC. 70.23(b) AMEND Requirements for the approval of applications NRC NRC. 70.24 AMEND Criticality accident requirements NRC NRC. List of Subjects 10 CFR Part 9 Administrative practice and procedure, Courts, Criminal penalties, Freedom of information, Government employees, Privacy, Reporting and recordkeeping requirements, Sunshine Act. 10 CFR Part 30 Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations, Isotopes, Nuclear energy, Nuclear materials, Penalties, Radiation protection, Reporting and recordkeeping requirements, 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 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 110 Administrative practice and procedure, Classified information, Criminal penalties, Exports, 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 9, 30, 50, 51, 70, and 110. PART 9—PUBLIC RECORDS 1. The authority citation for part 9 continues to read as follows: Authority: Atomic Energy Act of 1954, sec. 161 (42 U.S.C. 2201); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 3504 note. Subpart A also issued under 31 U.S.C. 9701. Subpart B also issued under 5 U.S.C. 552a. Subpart C also issued under 5 U.S.C. 552b. Subpart E also issued under 42 U.S.C. 405 note. § 9.104 [Amended] 2. In § 9.104, amend paragraph (a)(4) by removing the reference “§ 2.790(d) of this title” and adding in its place the references “§§ 2.390(b)(3)(i) and (b)(4) of this chapter;”. PART 30—RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 3. The authority citation for part 30 continues to read as follows: Authority: Atomic Energy Act of 1954, secs. 11, 81, 161, 181, 182, 183, 184, 186, 187, 223, 234, 274 (42 U.S.C. 2014, 2111, 2201, 2231, 2232, 2233, 2234, 2236, 2237, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note. § 30.32 [Amended] 4. Amend footnote 1 in § 30.32 by removing “superceed” and adding in its place “supersede”. PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 5. 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. Appendix C to Part 50 [Amended] 6. In appendix C to 10 CFR part 50, amend footnote 1 in section I.A.1 by removing the reference “2.790” and adding in its place the reference “2.390”. 7. In appendix J, revise footnote 2 to read as follows: Appendix J to Part 50—Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors 2 See footnote 1. PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS 8. 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)). § 51.34 [Amended] 9. In § 51.34, amend the first sentence in paragraph

(b)by removing the reference “subpart G of”. § 51.102 [Amended] 10. In § 51.102, amend the first sentence in paragraph

(c)by removing the reference “subpart G of”. PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 11. 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. Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.21(g) also issued under Atomic Energy Act sec. 122 (42 U.S.C. 2152). Section 70.31 also issued under Atomic Energy Act sec. 57(d) (42 U.S.C. 2077(d)). Sections 70.36 and 70.44 also issued under Atomic Energy Act sec. 184 (42 U.S.C. 2234). Section 70.81 also issued under Atomic Energy Act secs. 186, 187 (42 U.S.C. 2236, 2237). Section 70.82 also issued under Atomic Energy Act sec. 108 (42 U.S.C. 2138). 12. In § 70.22: a. Amend paragraph

(f)by redesignating footnote 2 as footnote 1. b. Amend paragraph (i)(3)(viii) by redesignating footnote 1 as footnote 2 and revising newly redesignated footnote 2. The revision reads as follows: § 70.22 Contents of applications.

(i)* * *

(3)* * *

(viii)* * * [ 2 ] These reporting requirements do not supersede or release licensees of complying with the requirements under the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Public Law 99-499 or other state or Federal reporting requirements. § 70.23 [Amended] 13. Amend paragraph

(b)of § 70.23 by removing the superscript “[3]” and adding in its place the superscript “[2]” and redesignating footnote 3 as footnote 2. § 70.24 [Amended] 14. Amend paragraph (d)(1) of § 70.24 by removing “ombined” and adding in its place “combined”. PART 110—EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL 15. 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.* § 110.54 [Amended] 16. In § 110.54: a. Amend the second sentence in paragraph

(b)introductory text by adding the phrase “or by electronic submission at *110.23reports@nrc.gov* ” after the phrase “provided in § 110.4”; and b. Amend the second sentence in paragraph

(c)introductory text by adding the phrase “or by electronic submission at *110.26reports@nrc.gov* ” after the phrase “provided in § 110.4”. Dated: November 7, 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. 2023-24950 Filed 11-20-23; 8:45 am]

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