Unknown. Final rule
6,970 words·~32 min read·
/register/2024/07/16/2024-15234·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-2024-07-16.xml --- 89 136 Tuesday, July 16, 2024 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Legislative and Public Affairs Bureau, 57843 2024-15515 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Economic Research Service See Food and Nutrition Service See Rural Housing Service AIRFORCE Air Force Department NOTICES Licenses;
Exemptions, Applications, Amendments etc., 57879-57880 2024-15489 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Veterinary Services Laboratories Request Forms, 57843-57844 2024-15568 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Operations in the Outer Continental Shelf for Minerals Other than Oil, Gas, and Sulphur, 57940-57941 2024-15586 Safety and Environmental Management Systems, 57939-57940 2024-15584 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Construction Progress Reporting Survey, 57850-57851 2024-15624 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57897-57900 2024-15535 2024-15536 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57901-57903 2024-15581 Application: DNV Healthcare USA Inc. for Continued Approval of Its Psychiatric Hospital Accreditation Program, 57900-57901 2024-15519 Coast Guard Coast Guard RULES Safety Zone:
Atlantic Ocean, Virginia Beach Oceanfront, VA; Air Show, 57732-57734 2024-15551 Hemingway Paddleboard Race, Key West, FL, 57732 2024-15574 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57918-57921 2024-15494 2024-15495 2024-15496 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Community Living Administration Community Living Administration NOTICES Award a Single-Source Supplement:
National Paralysis Resource Center, 57903 2024-15611 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Reinvestment Act Regulation, 57992-57994 2024-15492 Defense Department Defense Department See Air Force Department PROPOSED RULES Assistance to Non-Government, Entertainment-Oriented Media Productions, 57810-57819 2024-15091 Delaware Delaware River Basin Commission NOTICES Hearings, Meetings, Proceedings, etc.:
Business Meeting and Public Hearing, 57880 2024-15631 Economic Research Economic Research Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57844-57845 2024-15635 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Fusion Energy Public-Private Consortium Framework, 57880-57881 2024-15591 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:
Florida; General Provisions Repeals and Amendments, 57734-57736 2024-15416 Georgia; Revisions to the State Implementation Plan Gasoline Transport Vehicles and Vapor Collection Systems Rule, 57736-57737 2024-15397 National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review, 57738-57770 2024-14692 Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Gluconobacter Cerinus Strain BC18B and Hanseniaspora Uvarum Strain BC18Y, 57773-57775 2024-15376 Trichoderma Atroviride Strain K5 NRRL B-50520, 57770-57773 2024-15375 Pesticides:
Agricultural Worker Protection Standard, Reconsideration of the Application Exclusion Zone Amendments; Submission to the Secretary of Agriculture, 57770 2024-15447 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Mojave Desert Air Quality Management District, 57819-57823 2024-14786 Tennessee; Nitrogen Oxides SIP Call Alternative Monitoring and Domtar Paper Company, LLC, 57823-57828 2024-15396 Outer Continental Shelf Air Regulations Update to Include New Jersey State Requirements, 57828-57832 2024-15327 Pesticide Tolerance;
Exemptions, Petitions, Revocations, etc.: Polytetrafluoroethylene; Revocation of the Tolerance Exemption When Used as an Inert Ingredient in Pesticide Products, 57832-57834 2024-15564 NOTICES Cancellation Order: Certain Pesticide Registrations and/or Amendments to Terminate Uses, 57889-57892 2024-15554 Planned Change Request for Waste Isolation Pilot Plant Replacement Panels 11 and 12, 57887-57888 2024-15560 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 57892 2024-15699 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:
Fayetteville Regional/Grannis Field and Pope AFB, Fayetteville, NC, 57728-57729 2024-15558 Airworthiness Directives: International Aero Engines, LLC, 57725-57728 2024-15466 Various Airplanes, 57721-57725 2024-15529 Removal of Check Pilot Medical Certificate Requirement; Correction, 57729-57730 2024-15256 PROPOSED RULES Airworthiness Directives: Embraer S.A. (Type Certificate Previously Held by Yabora Industria Aeronautica S.A.) Airplanes, 57795-57798 2024-15309 Federal Communications Federal Communications Commission RULES Sponsorship Identification Requirements for Foreign Government-Provided Programming, 57775-57793 2024-15259 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 57892-57893 2024-15634 Hearings, Meetings, Proceedings, etc.: Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States, 57893-57894 2024-15607 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Assistance Contact Reports, Community Assistance Visit Reports, and National Flood Insurance Program Compliance Audit Reports, 57921-57923 2024-15592 Individual and Community Preparedness Division Youth Preparedness Council Application Form, 57923 2024-15593 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 57881-57887 2024-15522 2024-15523 2024-15524 2024-15608 2024-15613 Filing:
Entergy Services, LLC, 57886 2024-15520 Hearings, Meetings, Proceedings, etc.: Reliability Technical Conference, 57884 2024-15521 Institution of Section 206 Proceeding and Refund Effective Date: Kestrel Acquisition LLC, 57882-57883 2024-15525 Permits; Applications, Issuances, etc.: Turnagain Arm Tidal Energy Corp., 57887 2024-15526 Staff Attendance: Technical Talk with ReliabilityFirst, 57885 2024-15612 Federal Labor Federal Labor Relations Authority NOTICES Opportunity to Submit Amici Curiae Briefs in a Representation Proceeding, 57894-57895 2024-15606 Federal Maritime Federal Maritime Commission NOTICES Fiscal Year 2022 Service Contract Inventory Analysis, 57895-57896 2024-15585 Federal Motor Federal Motor Carrier Safety Administration NOTICES National Hazardous Materials Route Registry, 57987-57988 2024-15614 Federal Railroad Federal Railroad Administration NOTICES Petition for Amendment of Waiver of Compliance, 57988 2024-15488 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: 90-Day Finding and 12-Month Determination on a Petition to Revise Critical Habitat for Sonora Chub, 57838-57842 2024-15490 NOTICES Environmental Assessments;
Availability, etc.: Alliant Energy, Iowa and Minnesota, 57937-57939 2024-15594 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Premarket Tobacco Product Applications and Recordkeeping Requirements, 57907-57913 2024-15570 Substantial Equivalence Reports for Tobacco Products, 57903-57907 2024-15569 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2027 Farm to School Census, 57845-57850 2024-15511 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 57994 2024-15633 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity:
AESC US LLC, Foreign-Trade Zone 78, Smyrna, TN, 57852 2024-15600 LG Energy Solution Arizona, Inc., Foreign-Trade Zone 75, Queen Creek, AZ, 57851-57852 2024-15599 General Services General Services Administration RULES Federal Management Regulation: Accessibility Standard for Pedestrian Facilities in the Public Right-of-Way; Correction, 57775 2024-15372 NOTICES Requests for Nominations: Acquisition Policy Federal Advisory Committee, 57896-57897 2024-15596 Geological Geological Survey NOTICES Draft National Spatial Data Infrastructure Strategic Plan, 57939 2024-15508 Saint Lawrence Great Lakes St.
Lawrence Seaway Development Corporation NOTICES Hearings, Meetings, Proceedings, etc.: Great Lakes St. Lawrence Seaway Development Corp., 57991-57992 2024-15589 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Increase Flexibility for Tribes in Child Care and Development Fund Eligibility, 57835-57838 2024-15244 NOTICES Hearings, Meetings, Proceedings, etc.:
Advisory Committee on Blood and Tissue Safety and Availability, 57914 2024-15566 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ryan White HIV/AIDS Program Client-Level Data Reporting System, 57913-57914 2024-15616 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department PROPOSED RULES Single Family Sale Program, 57798-57810 2024-15024 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Eviction Protection Grant Program, 57925-57926 2024-15540 Implementation of the Violence Against Women Reauthorization Act of 2013, 57927-57937 2024-15555 Request for Termination of Multifamily Mortgage Insurance, 57926-57927 2024-15544 Housing and Urban Development-Held Healthcare Loan Sale, 57924-57925 2024-15491 Industry Industry and Security Bureau NOTICES Denial of Export Privileges: Robert Wise, 57852-57853 2024-15618 Ruben Arnulfo Chavarin, 57853-57854 2024-15619 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Geological Survey International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 57854-57855 2024-15602 Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Low Speed Personal Transportation Vehicles from the People's Republic of China, 57870-57874 2024-15605 Certain Steel Nails from Taiwan, 57856-57860 2024-15603 Sales at Less Than Fair Value; Determinations, Investigations, etc.: Certain Low Speed Personal Transportation Vehicles from the People's Republic of China, 57865-57870 2024-15604 Large Top Mount Combination Refrigerator-Freezers from Thailand, 57860-57865 2024-15601 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Tungsten Shot from China, 57941-57942 2024-15530 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Eye Cosmetics and Packaging Therefor, 57942-57943 2024-15630 Justice Department Justice Department NOTICES Proposed Consent Decree: Clean Air Act, 57943-57944 2024-15615 Labor Department Labor Department See Occupational Safety and Health Administration See Workers Compensation Programs Office Maritime Maritime Administration NOTICES Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel:
Hibiki (Motor), 57989-57990 2024-15556 Hearings, Meetings, Proceedings, etc.: U.S. Merchant Marine Academy Board of Visitors, 57988-57989 2024-15575 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 57946 2024-15664 National Highway National Highway Traffic Safety Administration PROPOSED RULES Federal Motor Vehicle Safety Standards: Seating Systems, 57998-58038 2024-15390 NOTICES Hearings, Meetings, Proceedings, etc.: Federal Interagency Committee on Emergency Medical Services, 57991 2024-15517 National Emergency Medical Services Advisory Council, 57990-57991 2024-15513 National Institute National Institute of Standards and Technology NOTICES Hearings, Meetings, Proceedings, etc.:
Industrial Advisory Committee, 57874-57875 2024-15527 National Artificial Intelligence Advisory Committee, 57874 2024-15528 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NeuroBioBank Tissue Access Request Form, 57915 2024-15588 Hearings, Meetings, Proceedings, etc.: National Cancer Institute, 57917 2024-15579 National Center for Complementary and Integrative Health, 57917 2024-15583 National Heart, Lung, and Blood Institute, 57914-57916 2024-15577 2024-15578 National Institute on Minority Health and Health Disparities, 57915-57916 2024-15582 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:
Atlantic Sea Scallop Fishery; Closure of the Area I, Area II, and New York Bight Scallop Access Areas to General Category Individual Fishing Quota Scallop Vessels, 57793-57794 2024-15587 Summer Flounder Fishery; Quota Transfer from Virginia to Massachusetts, 57794 2024-15580 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Appointment in the NOAA Commissioned Officer Corps, 57878-57879 2024-15625 Atlantic Highly Migratory Species Individual Bluefin Quota Tracking and Appeals, 57876-57877 2024-15626 Management and Oversight of the National Estuarine Research Reserve System, 57875-57876 2024-15627 Pacific Islands Region Seabird-Fisheries Interaction Recovery Reporting, 57877-57878 2024-15628 Hearings, Meetings, Proceedings, etc.:
Gulf of Mexico Fishery Management Council; Correction, 57878 2024-15487 Nuclear Regulatory Nuclear Regulatory Commission RULES Miscellaneous Corrections, 57717-57721 2024-15234 NOTICES Request for Membership Application: Advisory Committee on Reactor Safeguards, 57946-57947 2024-15562 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Permit-Required Confined Spaces Standard, 57944-57946 2024-15510 Patent Patent and Trademark Office NOTICES Performance Review Board Members, 57879 2024-15595 Postal Service Postal Service NOTICES International Product Change:
Priority Mail Express International, Priority Mail International and First-Class Package International Service Agreement, 57947, 57950 2024-15531 2024-15539 Privacy Act; Systems of Records; Correction, 57947-57950 2024-15623 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57850 2024-15597 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57952 2024-15486 Self-Regulatory Organizations;
Proposed Rule Changes: Cboe Exchange, Inc.; Withdrawal, 57960 2024-15501 MIAX PEARL, LLC, 57974-57978 2024-15505 Nasdaq GEMX, LLC, 57952-57956, 57971-57973 2024-15499 2024-15507 Nasdaq ISE, LLC, 57964-57967 2024-15498 Nasdaq MRX, LLC, 57956-57959, 57961-57964 2024-15497 2024-15506 Nasdaq PHLX LLC, 57967-57971 2024-15503 National Securities Clearing Corp., 57959-57960 2024-15500 NYSE American LLC, 57950-57951 2024-15504 The Nasdaq Stock Market LLC, 57978-57982 2024-15502 Small Business Small Business Administration NOTICES Disaster Declaration:
Iowa, 57982-57983 2024-15547 2024-15548 Texas, 57982 2024-15549 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Ancient Thrace and the Classical World: Treasures from Bulgaria, Romania, and Greece, 57983 2024-15545 The Legacy of Vesuvius: Bourbon Discoveries on the Bay of Naples, 57985 2024-15543 Venice and the Ottoman Empire, 57985 2024-15546 Sanctions Action, 57983-57985 2024-15541 2024-15542 Substance Substance Abuse and Mental Health Services Administration NOTICES Hearings, Meetings, Proceedings, etc.:
Center for Mental Health Services National Advisory Council, 57917-57918 2024-15493 Susquehanna Susquehanna River Basin Commission NOTICES Permits; Applications, Issuances, etc.: General, 57986-57987 2024-15609 Projects Approved: Consumptive Uses of Water, 57986 2024-15610 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Great Lakes St. Lawrence Seaway Development Corporation See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office U.S.
Institute United States Institute of Peace NOTICES Hearings, Meetings, Proceedings, etc.: Board of Directors, 57994 2024-15534 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Designation of Certifying Official(s), 57995 2024-15617 Interest Rate Reduction Refinancing Loan Worksheet, 57994-57995 2024-15550 Pre and Post Independent Living Assessment, 57996 2024-15514 Student Beneficiary Report—Restored Entitlement Program for Survivors, 57995-57996 2024-15621 Workers' Workers Compensation Programs Office RULES Claims for Compensation under the Energy Employees Occupational Illness Compensation Program Act, 57730-57731 2024-15512 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 57998-58038 2024-15390 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. 89 136 Tuesday, July 16, 2024 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50, 52, and 54 [NRC-2024-0091] RIN 3150-AL15 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 clarifying language and correcting grammatical and typographical errors, punctuation, references, and terms. 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 August 15, 2024. ADDRESSES: Please refer to Docket ID NRC-2024-0091 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-2024-0091. 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: I. Introduction The NRC is amending its regulations in parts 50, 52, and 54 of title 10 of the *Code of Federal Regulations* (10 CFR). The NRC is making these amendments to clarify language and correct grammatical and typographical errors, punctuation, references, and terms. 10 CFR Parts 50 and 54 *Correct Grammatical Errors.* This final rule revises § 50.10(e)(1)(iii) to remove periods and adjust capitalization to reflect that this paragraph contains a continuous list of items required for issuance of a limited work authorization. *Remove Outdated Term.* This final rule revises § 50.30(d) to remove references to “an amendment to an application for a license to construct and operate a production or utilization facility” as this appears to be an outdated license application type ( *i.e.,* a forerunner to the current combined license). *Correct Term.* This final rule amends § 50.33(j) and § 54.17(f) by removing the undefined term “other defense information.” The term dates to an Atomic Energy Commission
(AEC)amendment of this section on January 19, 1956 (21 FR 355, 357) and was not changed with the promulgation of 10 CFR part 95 (45 FR 14476; March 5, 1980) after the establishment of the NRC and the 1975 reissuance of the former AEC regulations. This final rule replaces the outdated term with the term “classified National Security Information,” for consistency with other use of this term in parts 50 and 54. *Clarify Language and Correct Punctuation.* This final rule revises the first sentence of § 50.36b(b) to clarify the potential for removal of the authority to operate the reactor when a final, legally effective order to permanently cease operations comes into effect under § 50.82(a)(1) or § 52.110(a). This final rule also revises the second sentence to add a comma before the word “which.” *Correct Grammatical and Typographical Errors.* This final rule revises the introductory text of § 50.43(e) to replace the word “which” with the word “that,” and to replace a period with a comma and adjust capitalization to eliminate two incomplete sentences. *Clarify Language.* This final rule revises § 50.55(e)(2)(i) to clarify the scope of license holders that are subject to this regulation ( *i.e.,* the regulations are only applicable to holders of a construction permit, combined license, or a manufacturing license and not all licensees subject to the regulations in 10 CFR part 50). This final rule also clarifies the introductory text of paragraph (e)(3)(iii) and paragraph (e)(4)(ii) by adding “or manufactured reactor” because the § 21.3 definition of “basic component” does not appear to be broad enough to include the term. Finally, this final rule updates the initial notification requirements in paragraph (e)(5)(i) to reflect that emails are also a permissible initial notification method in addition to facsimile and phone notification options. This final rule amends § 50.59(c)(1)(i) by replacing the phrase “A change” with “An amendment” to avoid using the defined term “change” that is used elsewhere in this section. *Correct References and Grammatical Error.* This final rule revises § 50.82(a) by adding the actual effective date of the Decommissioning of Nuclear Power Reactors final rule in paragraph (a)(1)(iii), removing the incorrect reference to § 50.2 in the introductory text to paragraph (a)(6), and correcting the placement of the semicolon at the end of paragraph (a)(8)(i)(B). *Correct Reference.* This final rule amends § 50.100 to change the reference to § 50.42(a) to instead reference § 50.42. The provisions in § 50.42(a) were moved to § 50.42 by 73 FR 44619, July 31, 2008 and the reference to § 50.42(a) is no longer valid. *Correct Typographical Error.* This final rule amends § 50.109(a)(4) by correcting “appropriated documented evaluation” to read “appropriate documented evaluation.” 10 CFR Parts 50 and 52 *Clarify Language and Correct Punctuation.* This final rule amends § 50.37 by adding the word “or” and commas, and § 52.54(c) by adding commas, to correct drafting errors and ensure parallel language. The preamble for the rulemaking that modified the parallel language in 10 CFR parts 50 and 52, Licenses, Certifications, and Approvals for Nuclear Power Plants, provides a discussion on the intended language for these sections (72 FR 49352; August 28, 2007). 10 CFR Part 52 *Clarify Language.* This final rule amends § 52.26(b) by adding the words “early site” to the phrase “if a timely application for renewal of the permit has been docketed” to clarify that the term “permit” refers to the early site permit and not to the construction permit for which an application was submitted. This final rule revises the introductory text of § 52.31(a) to clarify that it is a criterion for renewal and § 52.31(b) to reflect that the provisions in § 52.31(a) are applicable to the Commission and not to the applicant for renewal of an early site permit. This final rule amends § 52.39(c) by removing the word “should” to improve the clarity of the paragraph and § 52.39(e) by replacing the word “including” with the word “or” to clarify the relationship between the early site permit and the site safety analysis report. *Correct Reference.* This final rule revises the reference in § 52.91(b) to clarify that the sole activities permitted under paragraph
(a)of this section are the submittal of an application for a limited work authorization under § 50.10. *Correct Grammatical Error.* This final rule amends § 52.103(b)(2) by removing the word “that,” which is already included in the introductory text of paragraph (b). *Remove References and Correct Punctuation.* This final rule amends § 52.110(e) to remove the incorrect reference to § 50.2 and the introductory text of § 52.110(f) to remove the incorrect reference to § 52.1, since neither reference contains a definition for “decommissioning activities.” This final rule also amends § 52.110(h)(1)(ii) to correct the placement of the semicolon. *Correct Punctuation.* This final rule amends § 52.158(a)(1)(i) to replace the semicolon after “manufacturing license” with a comma. *Correct Term.* This final rule amends § 52.177(d) by removing the term “permit” and adding the term “license” to reflect that a manufacturing license is considered a license in accordance with the definitions in § 52.1. II. Rulemaking Procedure Under section 553(b) of the Administrative Procedure Act (5 U.S.C.553(b)), an agency may waive publication in the **Federal Register** of a notice of proposed rulemaking and opportunity for comment requirements if it finds, for good cause, that it is impracticable, unnecessary, or contrary to the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC finds good cause to waive notice and opportunity for comment on these amendments, because notice and opportunity for comment is unnecessary. The amendments will have no substantive impact and are of a minor and administrative nature dealing with corrections to certain CFR sections or are related only to management, organization, procedure, and practice. Specifically, the revisions clarify language and correct grammatical and typographical errors, punctuation, references, and terms. 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 August 15, 2024. 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. III. 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 clarifying language and correcting grammatical and typographical errors, punctuation, references, and terms. 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. IV. 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). V. 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. VI. 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. VII. Congressional Review Act This final rule is not a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). List of Subjects 10 CFR Part 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 52 Administrative practice and procedure, Antitrust, Combined license, Early site permit, Emergency planning, Fees, Inspection, Issue finality, Limited work authorization, Manufacturing license, Nuclear power plants and reactors, Probabilistic risk assessment, Prototype, Reactor siting criteria, Redress of site, Penalties, Reporting and recordkeeping requirements, Standard design, Standard design certification. 10 CFR Part 54 Administrative practice and procedure, Age-related degradation, Backfitting, Classified information, Criminal penalties, Environmental protection, Nuclear power plants and reactors, Penalties, Radiation protection, Reporting and recordkeeping requirements. 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 50, 52, and 54: PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 1. 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. 2. In § 50.10, revise paragraph (e)(1)(iii) to read as follows: § 50.10 License required; limited work authorization.
(e)* * *
(1)* * *
(iii)The Director determines that the applicable standards and requirements of the Act, and the Commission's regulations applicable to the activities to be conducted under the limited work authorization, have been met; the applicant is technically qualified to engage in the activities authorized; and issuance of the limited work authorization will provide reasonable assurance of adequate protection to public health and safety and will not be inimical to the common defense and security; and 3. In § 50.30, revise paragraph
(d)to read as follows: § 50.30 Filing of application; oath or affirmation.
(d)*Application for operating licenses.* The holder of a construction permit for a production or utilization facility shall, at the time of submission of the final safety analysis report, file an application for an operating license. The application shall state the name of the applicant, the name, location and power level, if any, of the facility and the time when the facility is expected to be ready for operation and may incorporate by reference any pertinent information submitted in accordance with § 50.33 with the application for a construction permit. § 50.33 [Amended] 4. In § 50.33, amend paragraph
(j)by removing the term “other defense information” wherever it appears and adding in its place the term “classified National Security Information”. 5. In § 50.36b, revise and republish paragraph
(b)to read as follows: § 50.36b Environmental conditions.
(b)Each license authorizing operation of a production or utilization facility, including a combined license under part 52 of this chapter, and each license for a nuclear power reactor facility that no longer authorizes operation of the reactor under § 50.82(a)(1) or § 52.110(a) of this chapter has been submitted, which is of a type described in § 50.21(b)(2) or
(3)or § 50.22 or is a testing facility, may include conditions to protect the environment during operation and decommissioning. These conditions are to be set out in an attachment to the license, which is incorporated in and made a part of the license. These conditions will be derived from information contained in the environmental report or the supplement to the environmental report submitted pursuant to §§ 51.50 and 51.53 of this chapter as analyzed and evaluated in the NRC record of decision, and will identify the obligations of the licensee in the environmental area, including, as appropriate, requirements for reporting and keeping records of environmental data, and any conditions and monitoring requirement for the protection of the nonaquatic environment. 6. Revise and republish § 50.37 to read as follows: § 50.37 Agreement limiting access to Classified Information. As part of its application and in any event before the receipt of Restricted Data or classified National Security Information or the issuance of a license, construction permit, early site permit, or standard design approval, or before the Commission has adopted a final standard design certification rule under part 52 of this chapter, the applicant shall agree in writing that it will not permit any individual to have access to, or any facility to possess, Restricted Data or classified National Security Information until the individual and/or facility has been approved for access under the provisions of 10 CFR parts 25 and/or 95. The agreement of the applicant becomes part of the license, or construction permit, or standard design approval. 7. In § 50.43, revise paragraph
(e)introductory text to read as follows: § 50.43 Additional standards and provisions affecting class 103 licenses and certifications for commercial power.
(e)Applications for a design certification, combined license, manufacturing license, operating license or standard design approval that propose nuclear reactor designs that differ significantly from light-water reactor designs that were licensed before 1997, or use simplified, inherent, passive, or other innovative means to accomplish their safety functions will be approved only if: 8. In § 50.55, revise and republish paragraphs (e)(2)(i), (3)(iii) introductory text, (4)(ii), and (5)(i) to read as follows: § 50.55 Conditions of construction permits, early site permits, combined licenses, and manufacturing licenses.
(e)* * *
(2)* * *
(i)Each individual, partnership, corporation, dedicating entity, or other entity subject to the regulations in this part ( *i.e.,* holders of a construction permit, combined license, or a manufacturing license) must post current copies of the regulations in this part, Section 206 of the Energy Reorganization Act of 1974 (ERA), and procedures adopted under the regulations in this part. These documents must be posted in a conspicuous position on any premises within the United States where the activities subject to this part are conducted.
(3)* * *
(iii)Ensure that a director or responsible officer of the holder of a facility construction permit subject to this part, combined license (until the Commission makes the finding under 10 CFR 52.103(g)), and manufacturing license under 10 CFR part 52 is informed as soon as practicable, and, in all cases, within the 5 working days after completion of the evaluation described in paragraph (e)(3)(i) or (e)(3)(ii) of this section, if the construction or manufacture of a facility or activity or manufactured reactor, or a basic component supplied for such facility or activity—
(4)* * *
(ii)The holder of a facility construction permit subject to this part, combined license, or manufacturing license, who obtains information reasonably indicating the existence of any defect found in the construction or manufacture, or any defect found in the final design of a facility or manufactured reactor as approved and released for construction or manufacture, must notify the Commission of the defect through a director or responsible officer or designated person as discussed in paragraph (e)(4)(v) of this section.
(5)* * *
(i)Initial notification by email, which is the preferred method of notification, or facsimile to the NRC Operations Center at
(301)816-5151 or by telephone at
(301)816-5100 within 2 days following receipt of information by the director or responsible corporate officer under paragraph (e)(3)(iii) of this section, on the identification of a defect or a failure to comply. Verification that the email or facsimile has been received should be made by calling the NRC Operations Center. This paragraph does not apply to interim reports described in paragraph (e)(3)(ii) of this section. § 50.59 [Amended] 9. In § 50.59, amend paragraph (c)(1)(i) by removing the text “A change” and adding in its place the text “An amendment”. 10. In § 50.82, revise and republish paragraphs (a)(1), (6), and (8)(i) to read as follows: § 50.82 Termination of license.
(a)* * * (1)(i) When a licensee has determined to permanently cease operations the licensee shall, within 30 days, submit a written certification to the NRC, consistent with the requirements of § 50.4(b)(8);
(ii)Once fuel has been permanently removed from the reactor vessel, the licensee shall submit a written certification to the NRC that meets the requirements of § 50.4(b)(9); and
(iii)For licensees whose licenses have been permanently modified to allow possession but not operation of the facility, before August 28, 1996, the certifications required in paragraphs (a)(1)(i) through
(ii)of this section shall be deemed to have been submitted.
(6)Licensees shall not perform any decommissioning activities that—
(i)Foreclose release of the site for possible unrestricted use;
(ii)Result in significant environmental impacts not previously reviewed; or
(iii)Result in there no longer being reasonable assurance that adequate funds will be available for decommissioning. (8)(i) Decommissioning trust funds may be used by licensees if—
(A)The withdrawals are for expenses for legitimate decommissioning activities consistent with the definition of decommissioning in § 50.2;
(B)The expenditure would not reduce the value of the decommissioning trust below an amount necessary to place and maintain the reactor in a safe storage condition if unforeseen conditions or expenses arise; and
(C)The withdrawals would not inhibit the ability of the licensee to complete funding of any shortfalls in the decommissioning trust needed to ensure the availability of funds to ultimately release the site and terminate the license. § 50.100 [Amended] 11. In § 50.100, remove the reference “§ 50.42(a)” and add in its place the reference “§ 50.42”. § 50.109 [Amended] 12. In § 50.109, amend paragraph (a)(4) introductory text by removing the text “appropriated documented evaluation” and adding in its place the text “appropriate documented evaluation”. PART 52—LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS 13. 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. § 52.26 [Amended] 14. In § 52.26, amend paragraph
(b)by removing the phrase “if a timely application for renewal of the permit has been docketed” and adding in its place the phrase “if a timely application for renewal of the early site permit has been docketed”. 15. Revise and republish § 52.31 to read as follows: § 52.31 Criteria for renewal.
(a)The Commission shall grant the renewal only if it determines that:
(1)The site complies with the Act, the Commission's regulations, and orders applicable and in effect at the time the site permit was originally issued; and
(2)Any new requirements the Commission may wish to impose are:
(i)Necessary for adequate protection to public health and safety or common defense and security;
(ii)Necessary for compliance with the Commission's regulations, and orders applicable and in effect at the time the site permit was originally issued; or
(iii)A substantial increase in overall protection of the public health and safety or the common defense and security to be derived from the new requirements, and the direct and indirect costs of implementation of those requirements are justified in view of this increased protection.
(b)A denial of renewal under the provisions of § 52.31(a) does not bar the permit holder or another applicant from filing a new application for the site which proposes changes to the site or the way that it is used to correct the deficiencies cited in the denial of the renewal. 16. In § 52.39, revise and republish paragraphs (c)(2) and
(e)to read as follows: § 52.39 Finality of early site permit determinations.
(c)* * *
(2)Any person may file a petition requesting that the site characteristics, design parameters, or terms and conditions of the early site permit be modified, or that the permit be suspended or revoked. The petition will be considered in accordance with § 2.206 of this chapter. Before construction commences, the Commission shall consider the petition and determine whether any immediate action is required. If the petition is granted, an appropriate order will be issued. Construction under the construction permit or combined license will not be affected by the granting of the petition unless the order is made immediately effective. Any change required by the Commission in response to the petition must meet the requirements of paragraph (a)(1) of this section.
(e)*Early site permit amendment.* The holder of an early site permit may not make changes to the early site permit, or the site safety analysis report, without prior Commission approval. The request for a change to the early site permit must be in the form of an application for a license amendment and must meet the requirements of 10 CFR 50.90 and 50.92. 17. In § 52.54, revise and republish paragraph
(c)to read as follows: § 52.54 Issuance of standard design certification.
(c)After the Commission has adopted a final design certification rule, the applicant shall not permit any individual to have access to, or any facility to possess, Restricted Data or classified National Security Information until the individual and/or facility has been approved for access under the provisions of 10 CFR parts 25 and/or 95, as applicable. § 52.91 [Amended] 18. In § 52.91, amend paragraph
(b)by removing the text “paragraph
(a)of this section” and adding in its place the text “a limited work authorization issued under § 50.10 of this chapter”. § 52.103 [Amended] 19. In § 52.103, amend paragraph (b)(2) by removing the word “that”. 20. In § 52.110, revise and republish paragraphs (e), (f), and (h)(1) to read as follows: § 52.110 Termination of license.
(e)Licensees shall not perform any major decommissioning activities until 90 days after the NRC has received the licensee's PSDAR submittal and until certifications of permanent cessation of operations and permanent removal of fuel from the reactor vessel, as required under § 52.110(a)(1), have been submitted.
(f)Licensees shall not perform any decommissioning activities, that—
(1)Foreclose release of the site for possible unrestricted use;
(2)Result in significant environmental impacts not previously reviewed; or
(3)Result in there no longer being reasonable assurance that adequate funds will be available for decommissioning. (h)(1) Decommissioning trust funds may be used by licensees if—
(i)The withdrawals are for expenses for legitimate decommissioning activities consistent with the definition of decommissioning in § 52.1;
(ii)The expenditure would not reduce the value of the decommissioning trust below an amount necessary to place and maintain the reactor in a safe storage condition if unforeseen conditions or expenses arise; and
(iii)The withdrawals would not inhibit the ability of the licensee to complete funding of any shortfalls in the decommissioning trust needed to ensure the availability of funds to ultimately release the site and terminate the license. 21. In § 52.158, revise and republish paragraph (a)(1)(i) to read as follows: § 52.158 Contents of application; additional technical information. (a)(1) *Inspections, tests, analyses, and acceptance criteria (ITAAC).* The proposed inspections, tests, and analyses that the licensee who will be operating the reactor shall perform, and the acceptance criteria that are necessary and sufficient to provide reasonable assurance that, if the inspections, tests, and analyses are performed and the acceptance criteria met:
(i)The reactor has been manufactured in conformity with the manufacturing license, the provisions of the Act, and the Commission's rules and regulations; and
(ii)The manufactured reactor will be operated in conformity with the approved design and any license authorizing operation of the manufactured reactor. § 52.177 [Amended] 22. In § 52.177, amend paragraph
(d)by removing the term “permit” and adding in its place the term “license”. PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS 23. The authority citation for part 54 continues to read as follows: Authority: Atomic Energy Act of 1954, secs. 102, 103, 104, 161, 181, 182, 183, 186, 189, 223, 234 (42 U.S.C. 2132, 2133, 2134, 2136, 2137, 2201, 2231, 2232, 2233, 2236, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 202, 206 (42 U.S.C. 5841, 5842, 5846); 44 U.S.C. 3504 note. Section 54.17 also issued under E.O. 12829, 58 FR 3479, 3 CFR, 1993 Comp., p. 570; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p. 298; E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. 391. § 54.17 [Amended] 24. In § 54.17, amend paragraph
(f)by removing the term “other defense information” wherever it appears and adding in its place the term “classified National Security Information”. Dated: July 8, 2024. 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. 2024-15234 Filed 7-15-24; 8:45 am]
Connectionstraces to 12
Traces to 12 documents
U.S. Code
- Rule making§ 553
- Purposes§ 3501
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Definitions§ 2014
- Establishment and transfers§ 5841
- Nuclear Regulatory Commission training authorization§ 10226
- Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts§ 4332
- Authority and functions of Director§ 3504
- Commercial licenses§ 2133
- Utilization and production facilities for industrial or commercial purposes§ 2132
8 references not yet in our index
- 10 CFR 95
- 10 CFR 50
- 10 CFR 52
- Pub. L. 111-274
- 5 USC 801-808
- 10 CFR 54
- Pub. L. 96-295
- 94 Stat. 783
Citation graph
cites case law
Unknown
Final rule
Cite10 CFR 95
Cite10 CFR 50
Cite10 CFR 52
Cites 20 · showing 12Cited by 0 across 0 sources