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Published Document: 2015-30153 (80 FR 74974)
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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 renaming the Office of Information Services, renaming the Computer Security Office and removing it as a standalone office, capitalizing the words Tribe, Tribes, and Tribal, correcting a Web site address, correcting a misspelling, removing a submission requirement, correcting an email address, correcting a room number, removing a
Federal Register
notice requirement, and adding missing information collection references. This document is necessary to inform the public of these non-substantive changes to the NRC's regulations.
DATES:
This rule is effective December 31, 2015.
ADDRESSES:
Please refer to Docket ID NRC-2015-0239 when contacting the NRC about the availability of information for this final rule. You may obtain publicly-available information related to this final rule by any of the following methods:
Federal Rulemaking Web site:
Go to
http://www.regulations.gov
and search for Docket ID NRC-2015-0239. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email:
Carol.Gallagher@nrc.gov.
For technical questions, please contact the individual listed in the
FOR FURTHER INFORMATION CONTACT
section of this final rule.
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 “ADAMS Public Documents” and then 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.
The ADAMS accession number for each document referenced (if it available in ADAMS) is provided the first time that a document is referenced.
NRC's PDR:
You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Jill Shepherd-Vladimir, Office of Administration, telephone: 301-415-1230, email:
Jill.Shepherd@nrc.gov;
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is amending its regulations in parts 1, 2, 4, 7, 9, 11, 15, 19, 20, 21, 25, 26, 30, 32, 37, 40, 50, 51, 52, 55, 60, 61, 62, 63, 70, 71, 72, 73, 74, 76, 81, 95, 100, 110, 140, 150, 170, and 171 of title 10 of the
Code of Federal Regulations
(10 CFR) to make miscellaneous corrections. These changes include renaming the Office of Information Services, renaming the Computer Security Office and removing it as a standalone office, capitalizing the words Tribe, Tribes, and Tribal, correcting a Web site address, correcting a misspelling, removing a submission requirement, correcting an email address, correcting a room number, removing a
Federal Register
notice requirement, and adding missing information collection references. This document is necessary to inform the public of these non-substantive changes to the NRC's regulations.
Remove Office.
This final rule removes and reserves § 1.38. The Computer Security Office has been renamed the Information Security Directorate and will now be part of the Office of the Chief Information Officer. The Information Security Directorate information is now included as new paragraphs (h) through (l) under § 1.35. Additional editorial changes have been
( printed page 74975)
made as the result of adding the new paragraphs. Also, in § 1.3, paragraph (c), the phrase “Information and Records Services Division” is being removed as reference to the Office is sufficient information.
Rename Office.
This final rule removes all references to the office name “Office of Information Services” and replaces them with the new office name “Office of the Chief Information Officer.”
Capitalize The Words Tribe, Tribes, And Tribal.
This final rule capitalizes all references of “Tribe,” “Tribes,” and “Tribal.” These changes are being made so that these terms are used consistently in the NRC's regulations.
Correct Misspelling.
In § 50.34(f)(3)(v)(A)(1) and (B)(1), this final rule removes the misspelled term “subsubarticle” and replaces it with the correct term “subarticle.”
Remove Submission Requirement
In section V, of appendix E, this final rule removes the requirement on nuclear power plant licensees to submit any changes to their emergency plans or procedures to the Commission, as specified in § 50.4, within 30 days. Changes to an emergency plan, however, must still be reported to the NRC or requested in a license amendment application as required in 10 CFR 50.54(q). With regard to changes to procedures that are required to be submitted under appendix E, section V only, and not under 10 CFR 50.54(q), the NRC has found that these changes consist of administrative information that is inconsequential to the NRC's licensing or regulatory oversight activities (such as address changes and phone number changes). Even after the effective date of this rule, these changes to procedures will remain subject to NRC inspection. Thus, the change to appendix E, section V will reduce the regulatory burden on the licensee and the administrative burden on the NRC staff without impacting the NRC's oversight and inspection of nuclear power plant licensees. For these reasons, this rule reflects a non-substantive change of a duplicative requirement where notice-and-comment is unnecessary under the Administrative Procedure Act (5 U.S.C. 553(b)).
Correct Email Address.
In § 51.123(a) and (b), this final rule removes the incorrect email address “distribution@nrc.gov” and replaces it with the correct email address “distribution.resource@nrc.gov.”
Correct Office Room Number.
In Footnote 1 of § 55.40, this final rule removes the incorrect room number for the NRC Public Document “(0-1 F23)” and replaces it with the correct room number “(O-1 F21).”
Remove
Federal Register
Notice Requirement. In § 71.97(c)(3)(ii), this rule removes the requirement that changes to the list of governor's designees and Tribal official's designees of participating Tribes be published annually in the
Federal Register
on or about June 30th. This section will now direct stakeholders to the NRC's public Web site where the most accurate information is available. This change also conforms this section to §§ 37.77(a)(1) and 73.37(b)(2).
Add Missing Information Collection References.
In § 73.8, this final rule adds sections “73.23” and “73.51” to the list of sections in 10 CFR part 73 that contain information collections. These two sections were added to § 73.8 in a final rule dated July 6, 2012 (77 FR 39909), and were inadvertently removed in a final rule published on May 20, 2013 (78 FR 29550).
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency may waive the normal notice and comment requirements if it finds, for good cause, that they are 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 the amendments, because notice and opportunity for comment are unnecessary. The amendments will have no substantive impact and are of a minor and administrative nature dealing with corrections to certain CFRs related only to management, organization, procedure, and practice. Specifically, the revisions rename offices, capitalize words, correct a Web site address, correct a misspelling, remove a submission requirement, correct an email address, correct a room number, remove a
Federal Register
notice requirement, and add missing information collection references.
The Commission is exercising its authority under 5 U.S.C. 553(b)(3)(B) to publish these amendments as a final rule. The amendments are effective December 31, 2015. These amendments do not require action by any person or entity regulated by the NRC. Also, the final rule does not change the substantive responsibilities of any person or entity regulated by the NRC.
IV. Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action described in 10 CFR 51.22(c)(2), which categorically excludes from environmental review rules that are corrective or of a minor, nonpolicy nature and do not substantially modify existing regulations. Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this rule.
V. Paperwork Reduction Act Statement
This final rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501et seq.) and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995. The final rule, however, makes a non-substantive modification to an information collection, as the final rule eliminates a collection of information previously contained in 10 CFR part 50, appendix E, section V. The collection of information was approved by the Office of Management and Budget, approval number 3150-0011.
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 requesting document displays a currently valid Office of Management and Budget control number.
VI. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to
( printed page 74976)
write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31883).
VII. Backfitting and Issue Finality
The NRC has determined that the corrections in this final rule do not constitute backfitting and are not inconsistent with any of the issue finality provisions in 10 CFR part 52. The revisions are non-substantive in nature, including renaming offices, capitalizing words, correcting a Web site address, correcting a misspelling, removing a submission requirement, correcting an email address, correcting a room number, removing a
Federal Register
notice requirement, and adding missing information collection references. They impose no new requirements and make no substantive changes to the regulations. The corrections do not involve any provisions that would impose backfits as defined in 10 CFR chapter I, or would be inconsistent with the issue finality provisions in 10 CFR part 52. For these reasons, the issuance of the rule in final form would not constitute backfitting or represent an inconsistency 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.
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 and, the NRC is adopting the following amendments to, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and :
PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION
1. The authority citation for part 1 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 23, 25, 29, 161, 191 (42 U.S.C. 2033, 2035, 2039, 2201, 2241); Energy Reorganization Act of 1974, secs. 201, 203, 204, 205, 209 (42 U.S.C. 5841, 5843, 5844, 5845, 5849); Administrative Procedure Act (5 U.S.C. 552, 553); Reorganization Plan No. 1 of 1980, 5 U.S.C. Appendix (Reorganization Plans).
2. In § 1.3, paragraph (c), remove the phrase “Information and Records Services Division, ”. Also in paragraph (c), remove the phrase “Office of Information Services” and add in its
( printed page 74978)
place the phrase “Office of the Chief Information Officer”.
3. In § 1.32, paragraph (b), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
4. In § 1.35:
a. Revise the section heading and the introductory text;
b. In paragraph (f), remove the word “and” at the end of paragraph;
c. In paragraph (g), remove the “.” at the end of paragraph and add in its place “;”; and
(h) Plans, recommends, and oversees the NRC's Information Technology (IT) Security Program consistent with applicable laws, regulations, management initiatives, and policies;
(i) Provides principal advice to the NRC on the infrastructure, as well as the programmatic and administrative aspects of cybersecurity;
(k) Guides security process maturity, as well as formulating and overseeing the cybersecurity program budget; and
(l) Ensures NRC-wide integration, direction, and coordination of IT security planning and performance within the framework of the NRC IT Security Program.
8. In part 2, wherever it may occur, remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
9. In part 2, wherever it may occur, remove the word “tribal” and add in its place the word “Tribal”.
PART 4—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE COMMISSION
10. The authority citation for part 4 continues to read as follows:
11. In § 4.5 remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 7—ADVISORY COMMITTEES
12. The authority citation for part 7 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); 5 U.S.C. Appendix (Federal Advisory Committee Act).
14. In § 7.22, paragraph (b), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 9—PUBLIC RECORDS
15. The authority citation for part 9 continues to read as follows:
16. In part 9, wherever it may occur, remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 11—CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL
17. The authority citation for part 11 continues to read as follows:
18. In § 11.15, paragraph (a)(1), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 15—DEBT COLLECTION PROCEDURES
19. The authority citation for part 15 continues to read as follows:
22. In § 19.17, paragraph (a), remove the phrase “Office of Information
( printed page 74979)
Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 20—STANDARDS FOR PROTECTION AGAINST RADIATION
23. The authority citation for part 20 continues to read as follows:
24. In part 20, wherever it may occur, remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 21—REPORTING OF DEFECTS AND NONCOMPLIANCE
25. The authority citation for part 21 continues to read as follows:
32. In § 30.6, paragraph (a)(3), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL
33. The authority citation for part 32 continues to read as follows:
36. In part 37, wherever it may occur, remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
40. In § 40.5, paragraph (a)(3), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
41. The authority citation for part 50 continues to read as follows:
42. In § 50.4, paragraphs (a) and (e), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
43. In § 50.34(f)(3)(v)(A)( 1) and (f)(3)(v)(B)(
1), remove the word “Subsubarticle” wherever it may occur, and add in its place the word “subarticle”.
44. In appendix E to part 50, revise section V. to read as follows:
Appendix E to Part 50—Emergency Planning and Preparedness for Production and Utilizations Facilities.
* * * * *
V. Implementing Procedures
No less than 180 days before the scheduled issuance of an operating license for a nuclear power reactor or a license to possess nuclear material, or the scheduled date for initial loading of fuel for a combined license under part 52 of this chapter, the applicant's or licensee's detailed implementing procedures for its emergency plan shall be submitted to the Commission as specified in § 50.4.
* * * * *
PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
45. The authority citation for part 51 continues to read as follows:
46. In part 51, wherever it may occur, remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
47. In part 51, wherever it may occur, remove the word “tribe” and add in its place the word “Tribe”.
48. In part 51, wherever it may occur, remove the word “tribes” and add in its place the word “Tribes”.
51. In § 52.3, paragraph (a), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 55—OPERATORS' LICENSES
52. The authority citation for part 55 continues to read as follows:
53. In part 55, wherever it may occur, remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
54. In § 55.40, revise footnote 1 to read as follows:
1
Copies of NUREGs may be purchased from the Superintendent of Documents, U.S. Government Publishing Office, P.O. Box 38082, Washington, DC 20402-9328. Copies are also available from the National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312. A copy is available for inspection and/or copying in the NRC Public Document Room, One White Flint North, 11555 Rockville Pike (O-1 F21), Rockville, MD.
PART 60—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES
55. The authority citation for part 60 continues to read as follows:
56. In § 60.4, paragraph (a), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 61—LICENSING REQURIEMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE
57. The authority citation for part 61 continues to read as follows:
65. In § 63.4, paragraph (a)(3), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
66. The authority citation for part 70 continues to read as follows:
67. In § 70.5, paragraph (a)(3), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
68. The authority citation for part 71 continues to read as follows:
69. In § 71.1, paragraph (a), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
Advance notification of shipment of irradiated reactor fuel and nuclear waste.
* * * * *
(c) * * *
(3) * * *
(ii) Contact information for each State, including telephone and mailing addresses of governors and governors' designees, and participating Tribes, including telephone and mailing addresses of Tribal officials and Tribal official's designees, is available on the NRC Web site at:
https://scp.nrc.gov/special/designee.pdf.
* * * * *
PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE
72. The authority citation for part 72 continues to read as follows:
76. In part 73, wherever it may occur, remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
Information collection requirements: OMB approval.
* * * * *
(b) The approved information collection requirements contained in this part appear in §§ 73.5, 73.20, 73.21, 73.23, 73.24, 73.25, 73.26, 73.27, 73.37, 73.38, 73.40, 73.45, 73.46, 73.50, 73.51, 73.54, 73.55, 73.56, 73.57, 73.58, 73.60, 73.67, 73.70, 73.71, 73.72, 73.73, 73.74, and appendices B, C, and G to this part.
81. In § 74.6, paragraph (c), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 76—CERTIFICATION OF GASEOUS DIFFUSION PLANTS
82. The authority citation for part 76 continues to read as follows:
83. In § 76.5, paragraph (c), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 81—STANDARD SPECIFICATIONS FOR THE GRANTING OF PATENT LICENSES
84. The authority citation for part 81 continues to read as follows:
87. In § 95.9, paragraph (c), remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 100—REACTOR SITE CRITERIA
88. The authority citation for part 100 continues to read as follows:
98. In § 170.5, remove the phrase “Office of Information Services” and add in its place the phrase “Office of the Chief Information Officer”.
PART 171—ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES AND MATERIAL LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS AND GOVERNMENT AGENCIES LICENSED BY THE NRC
99. The authority citation for part 171 continues to read as follows: