Federal Register Notice - Direct Final Rule PDF version- 10 CFR Parts 30, 37, 73, and 150, Safeguards Information - Modified Handling Categorization; Change for Materials Facilities

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type oranges shipped to interstate
markets from a U.S. No. 1 to a U.S. No.
1 Golden from May 15 through June 14
each season and to a U.S. No. 2
external/U.S. No. 1 internal from June
15 through August 31 each season.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
action on small entities. Accordingly,
AMS has prepared this final regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 30 Valencia
and other late type orange handlers
subject to regulation under the
marketing order and approximately 750
producers of citrus in the production
area. Small agricultural service firms are
defined by the Small Business
Administration (SBA) as those whose
annual receipts are less than $7,000,000,
and small agricultural producers are
defined as those having annual receipts
less than $750,000 (13 CFR 121.201).
Based on industry and Committee
data, the average f.o.b. price for fresh
Valencia and other late type oranges
during the 2012–13 season was
approximately $11.80 per 4/5 bushel
carton, and total fresh shipments were
approximately 3.6 million cartons.
Using the average f.o.b. price and
shipment data, the majority of Florida
Valencia and other late type orange
handlers could be considered small
businesses under SBA’s definition. In
addition, the average annual grower
revenue is below $750,000 based on
production data, grower prices as
reported by NASS, and the total number
of Florida citrus growers. Thus,
assuming a normal distribution, the
majority of Valencia and other late type
orange handlers and producers may be
classified as small entities.
This rule continues in effect the
action that reduced the grade
requirements for Valencia and other late
type oranges prescribed under the order.
This rule reduces the minimum grade
requirements of Valencia and other late
type oranges from a U.S. No. 1 to a U.S.
No. 1 Golden from May 15 through June
14 each season and to a U.S. No. 2

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external/U.S. No. 1 internal from June
15 through August 31 each season.
Authority for these changes is provided
in § 905.52.
This action does not impose any
additional costs on the industry.
However, it is anticipated that this
action will have a beneficial impact.
Reducing the grade requirements for
Valencia and other late type oranges
from May 15 through August 31 makes
additional fruit available for shipment
to the fresh market, providing the
opportunity to supply late season
markets. The Committee believes that
relaxing the grade requirements
provides an outlet for fruit that may
otherwise go unharvested. This allows
more fruit to be shipped to the fresh
market and increases returns to both
handlers and growers. The benefits of
this rule are expected to be equally
available to all fresh citrus growers and
handlers, regardless of their size.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0189, Generic
Fruit Crops. No changes in those
requirements as a result of this action
are necessary. Should any changes
become necessary, they would be
submitted to OMB for approval.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
Florida citrus handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public sector agencies. In
addition, USDA has not identified any
relevant Federal rules that duplicate,
overlap, or conflict with this rule.
Further, the Committee meeting was
widely publicized throughout the
Florida citrus industry, and all
interested persons were invited to
attend the meeting and participate in
Committee deliberations. Like all
Committee meetings, the April 3, 2014,
meeting was a public meeting, and all
entities, both large and small, were able
to express their views on this issue.
Comments on the interim rule were
required to be received on or before July
28, 2014. No comments were received.
Therefore, for the reasons given in the
interim rule, we are adopting the
interim rule as a final rule, without
change.
To view the interim rule, go to:
http://www.regulations.gov/
#!documentDetail;D=AMS-FV-14-00410001.

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This action also affirms information
contained in the interim rule concerning
Executive Orders 12866, 12988, 13175,
and 13563; the Paperwork Reduction
Act (4 U.S.C. Chapter 35); and the E-Gov
Act (44 U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (79 FR 30439, May 28, 2014)
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements, Tangelos, Tangerines.
PART 905—ORANGES, GRAPEFRUIT,
TANGERINES, AND TANGELOS
GROWN IN FLORIDA
Accordingly, the interim rule that
amended 7 CFR part 905 and that was
published at 79 FR 30439 on May 28,
2014, is adopted as a final rule, without
change.

■

Dated: September 24, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–23239 Filed 9–29–14; 8:45 am]
BILLING CODE 3410–02–P

NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 30, 37, 73, and 150
[NRC–2012–0140]
RIN 3150–AJ18

Safeguards Information—Modified
Handling Categorization; Change for
Materials Facilities
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) is amending its
regulations to remove the Safeguards
Information—Modified Handling
(SGI–M) designation of the securityrelated information for large irradiators,
manufacturers and distributors, and for
transport of category 1 quantities of
radioactive material. The rulemaking
will also result in the removal of the
SGI–M designation of the securityrelated information for the
transportation of irradiated reactor fuel
that weighs 100 grams or less in net
weight of irradiated fuel. The securityrelated information for these facilities
and the transportation of certain

SUMMARY:

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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations
materials will no longer be designated
as SGI–M and will be protected under
the information protection requirements
that apply to other materials licensees
that possess category 1 and category 2
quantities of radioactive material.
DATES: This final rule is effective
January 28, 2015, unless a significant
adverse comment is received by October
30, 2014. If the rule is withdrawn as a
result of such comments, timely notice
of the withdrawal will be published in
the Federal Register. Comments
received after this date will be
considered if it is practical to do so, but
the NRC staff is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: Please refer to Docket ID
NRC–2012–0140 when contacting the
NRC about the availability of
information for this direct final rule.
You may access publicly-available
information related to this direct final
rule by any of the following methods:
• Federal Rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2012–0140. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: [email protected]. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
direct final rule.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable 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 [email protected]. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in the SUPPLEMENTARY
INFORMATION section.
• 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:
Vanessa Cox, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
8342, email: [email protected].
SUPPLEMENTARY INFORMATION:

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I. Background
The NRC has issued three sets of
security orders containing SGI–M for
the protection of category 1 and category
2 quantities of radioactive material.
These orders were all issued under the
Commission’s authority for common
defense and security. The first set of
orders was issued to panoramic and
underwater irradiator licensees that
possess more than 370 Terabequerels
(TBq) (10,000 curies (Ci)) of radioactive
material (large irradiators) (EA–02–249;
June 6, 2003) (68 FR 35458; June 13,
2003). The second set of orders was
issued to manufacturing and
distribution (M&D) licensees (EA–03–
225; January 12, 2004) (69 FR 5375;
February 4, 2004). The third set of
orders was issued to licensees that
transport source, byproduct, or special
nuclear material in category 1 quantities
of radioactive material (EA–05–006; July
19, 2005) (70 FR 44407; August 2, 2005).
The third set of orders also covered
transportation of irradiated reactor fuel
that weighs 100 grams or less in net
weight of irradiated fuel.
The orders issued to large irradiators,
M&D licensees, and licensees
transporting category 1 quantities of
radioactive materials, require these
licensees to perform specified actions
within specific timeframes. The
information related to these timeframes
is designated SGI–M. Some licensees
have developed security plans
incorporating these timeframes.
Therefore, information contained in
these security plans has been designated
as SGI–M. Furthermore, the orders to
licensees transporting category 1
quantities of radioactive material
require these licensees to develop
transportation security plans and
coordinate itinerary information with
the states through which the shipment
will be traveling. Portions of these
transportation security plans and
itinerary information are also designated
as SGI–M.
A fourth set of orders, commonly
called the Increased Control (IC) Orders,
was issued to all other licensees that
possessed greater than category 2
quantities of radioactive material (EA–
05–090; November 14, 2005) (70 FR
72128; December 1, 2005). These orders
were issued under the Commission’s
authority for protection of public health
and safety. The IC Orders require
licensees to immediately detect, assess,
and respond to any unauthorized access
to category 2 or greater quantities of
radioactive material. These orders do
not contain any specific response times
or other SGI–M information. Because
these licensees’ security plans are based

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on the IC Orders, and these orders do
not contain SGI information, the
security plans for licensees subject only
to the IC Orders are not designated as
SGI–M.
On October 24, 2008 (73 FR 63546),
the NRC published a final rule that
established, among other things, the
requirements for protection of SGI–M
and designated categories of licensees
that would be subject to the SGI–M
provisions. The SGI–M requirements are
located in part 73 of Title 10 of the Code
of Federal Regulations (10 CFR),
‘‘Physical Protection of Plants and
Materials.’’ This rule required certain
licensees to establish, implement, and
maintain an information protection
system that includes the applicable
measures for SGI–M specified in 10 CFR
73.23, ‘‘Protection of Safeguards
Information—Modified Handling:
Specific requirements.’’ This section
contains specific requirements related to
panoramic and underwater irradiators
that possess greater than 370 TBq
(10,000 Ci) of byproduct material in the
form of sealed sources; manufacturers
and distributors of items containing
source, byproduct, or special nuclear
material in greater than or equal to
category 2 quantities of concern; the
transportation of irradiated reactor fuel
that weighs 100 grams or less in net
weight of irradiated fuel; and
transportation of source, byproduct, or
special nuclear material in greater than
or equal to category 1 quantities of
concern. The rule was effective on
February 23, 2009. Orders containing
the requirements for protection of SGI–
M were not modified or rescinded after
issuance of the final rule; therefore,
licensees are currently subject to both
the requirements in the regulations and
the orders.
On March 19, 2013 (78 FR 16922), the
NRC published a final rule in the
Federal Register, adding a new part 37
to Title 10 of the CFR, ‘‘Physical
Protection of Category 1 and Category 2
Quantities of Radioactive Material.’’
NRC licensees were required to comply
with 10 CFR part 37 by March 19, 2014.
The final rule establishes the security
requirements for the protection of
category 1 and category 2 quantities of
radioactive material and for
transportation of irradiated reactor fuel
that weighs 100 grams or less in net
weight of irradiated fuel. The rule also
contains information protection
requirements for the security plan,
procedures, and other information.

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determination and on a need-to-know
determination.

II. Discussion
A. What action is the NRC taking?
The NRC is amending its regulations
to remove the SGI–M designation of the
security-related information for large
irradiators, M&Ds, and transport of
category 1 quantities of radioactive
material. The rulemaking will also
result in the removal of the SGI–M
designation of the security-related
information for the transportation of
irradiated reactor fuel that weighs 100
grams or less in net weight of irradiated
fuel. The security-related information
will instead be protected under the new
10 CFR part 37, ‘‘Physical Protection of
Category 1 and Category 2 Quantities of
Radioactive Material.’’
B. What is the purpose of the direct final
rule?
The purpose of the direct final rule is
to remove the SGI–M designation of the
security-related information for large
irradiators, M&Ds, and for transport of
category 1 quantities of radioactive
material. The rulemaking will also
result in the removal of the SGI–M
designation of the security-related
information for the transportation of
irradiated reactor fuel that weighs 100
grams or less in net weight of irradiated
fuel.
C. Whom will this action affect?
The direct final rule will apply to any
panoramic and underwater irradiator
licensee that possesses more than 370
TBq (10,000 Ci) of radioactive material,
M&D licensees, and any licensee that
transports small quantities of irradiated
reactor fuel that weighs 100 grams or
less in net weight of irradiated fuel or
category 1 quantities of radioactive
material whether the facility is licensed
by the NRC or an Agreement State.
There are 85 Agreement State licensees
and 27 NRC licensees that will be
impacted by this rule. These are the
materials licensees that received orders
under the Commission’s authority to
protect the common defense and
security.

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D. With the redesignation of the
security-related information, will the
security plans become public
information?
No, the security-related information
will not be made public. The change in
the designation of the security-related
information does not result in public
disclosure of the information as the
information will still be protected under
10 CFR part 37. Access to this
information will be based upon a
trustworthiness and reliability

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E. Will documents now designated SGI–
M still have to be protected as SGI–M?
Yes, documents marked as SGI–M
must be protected as SGI–M until they
are removed from the SGI–M category
(destroyed or decontrolled). Once 10
CFR part 37 or the equivalent
Agreement State regulations are in place
and the NRC security orders are
rescinded, the SGI–M security Orders
and security plans required by the
Orders must be destroyed in accordance
with 10 CFR 73.23(i). Additionally, if a
panoramic irradiator or M&D licensee
develops a 10 CFR part 37 security plan
in preparation for compliance with 10
CFR part 37 or the equivalent
Agreement State regulation before
§ 73.23 is revised, the licensee must
decontrol the 10 CFR part 37 security
plan in accordance with § 73.23(h) once
§ 73.23 is revised.
The NRC does not expect licensees
who were subject to the NRC security
orders to find all stored documents
designated as SGI–M solely for the
purpose of destroying the documents.
Instead, as those documents are
removed from storage, the licensee must
either destroy or decontrol the
document(s) at that time. Documents
marked as SGI–M must continue to be
protected as SGI–M until they are
destroyed or decontrolled. Additional
information on the destruction or
decontrolling of SGI is available in
Section 9 of Regulatory Guide 5.79,
‘‘Protection of Safeguards Information.’’
F. What are the information protection
requirements under 10 CFR part 37?
How does this compare to the
information protection requirements
prescribed for SGI–M?
The 10 CFR part 37 rulemaking
requires that a need-to-know
determination be made before an
individual is allowed to have access to
the security-related information. The 10
CFR part 37 rulemaking requires
licensees to limit access to and prevent
unauthorized disclosure of their
security plans and implementing
procedures. When not in use, the
security plan and implementing
procedures must be stored in a manner
that will prevent the unauthorized
removal of those documents.
Information stored in non-removable
electronic form must be passwordprotected. These requirements are
similar to the storage requirements for
SGI–M.
The regulations in 10 CFR part 37 also
require a background investigation to
determine the trustworthiness and

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reliability of an individual seeking
access to protected information. This
determination must be conducted by a
reviewing official who has also been
determined to be trustworthy and
reliable. The background investigation
for access to information under 10 CFR
part 37 is similar to that required by
§ 73.23, with the exception that
fingerprints are not submitted and a
Federal Bureau of Investigation (FBI)
criminal history records check is not
required. However, many of the
individuals needing access to protected
information would also require access to
radioactive material. Unescorted access
to radioactive material requires
fingerprinting and an FBI criminal
history records check as part of the
background investigation required
under 10 CFR part 37. Therefore, the
NRC anticipates that most individuals
requiring access to security-related
information would already have
undergone fingerprinting and an FBI
criminal history records check.
The regulations in 10 CFR part 37 do
not have requirements for the
transmission of information or for
marking the material. However, with the
exception of routing information,
licensees do not routinely transmit
security-related information and the
routing information is not transmitted as
SGI–M, but is protected as SGI–M once
received. Licensees are not required to
submit the security plan or
implementing procedures to the NRC.
The NRC concludes that 10 CFR part
37 provides adequate protection of the
security-related information without
unduly burdening licensees with the
additional requirements for protection
of SGI–M.
G. What is the reason for the
designation change?
The NRC considers that this redesignation is appropriate based on the
following: (1) Large irradiators have a
lower risk of theft, and M&D licensees
have a similar risk of theft when
compared to other licensees possessing
category 1 and category 2 quantities of
radioactive material; (2) the information
protection requirements in 10 CFR part
37 provide adequate protection of the
security-related information; (3) the
security requirements under 10 CFR
part 37 are the same for all licensees; (4)
information security requirements
should be consistent across all areas that
are regulated under NRC authority for
public health and safety; (5) the change
will ease communication between
regulator and licensee; and (6) under 10
CFR part 73, the NRC would continue
to inspect Agreement State licensee
programs for the protection of SGI–M

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until the Agreement State requirements
become effective. Additionally, several
commenters on the proposed 10 CFR
part 37 rule, including several
Agreement States, indicated that the
security-related information for large
irradiators, M&Ds, and licensees that
transport category 1 quantities of
radioactive material should not be
considered SGI–M.
Sandia National Laboratories (SNL)
performed vulnerability assessments on
a variety of materials licensees before
the ICs were developed. The ICs and 10
CFR part 37 incorporate security
measures that were identified in the
draft vulnerability assessments (ADAMS
Accession No. ML082130714) as being
effective in providing reasonable
assurance that public health and safety
and the common defense and security
will be adequately protected. The SNL
study also indicates that certain
licensees are less vulnerable to theft
than other licensees. Large irradiators
have a lower risk of theft, and M&D
licensees have a similar risk of theft
when compared to other licensees
subject to the security requirements in
10 CFR part 37. The NRC, therefore,
concludes that licensee security plans
for M&D and large irradiator licensees
need not be protected at a higher level
than the security plans of other
licensees subject to 10 CFR part 37.
As noted in the response to Question
F, 10 CFR part 37 will provide adequate
protection of the security-related
information that is currently designated
as SGI–M for these licensees. The actual
security requirements in 10 CFR part 37
are the same for all licensees. These
security requirements do not contain
any of the information from the security
orders that was designated as SGI–M.
The SGI–M timeframes that were in the
orders are replaced in the 10 CFR part
37 rule by terms such as prompt,
immediate, and without delay.
Therefore, disclosure of one licensee’s
response times will not compromise
another licensees’ security-related
information because the response time
designated in the rule is already public
knowledge, (i.e., immediate).
Currently, itinerary information for
the transportation of category 1
quantities of material and for the
transportation of irradiated reactor fuel
that weighs 100 grams or less in net
weight of irradiated fuel is designated as
SGI–M under 10 CFR part 73 and the
orders. Licensees are required to
coordinate this information with states
through which the shipment will pass.
Shipment information is shared on a
need-to-know basis for pre-planning,
coordination, and advance notification
purposes. Although the information is

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considered to be SGI–M, the
information is not handled as SGI–M for
the purposes of communication
(telephone and facsimile) with the
States and other licensees; however,
once the shipment information is
received, it must be handled as SGI–M.
If the SGI–M designation for these
licensees is revised, the licensees will
be able to communicate freely with the
States and transportation companies
possessing a need-to-know and will not
need to deal with the inconsistency in
transmitting the SGI–M shipment
information as non-SGI–M.
The security orders for the
transportation of category 1 quantities of
radioactive material, large irradiator
licensees, and M&D licensees were
issued under the NRC’s common
defense and security authority. The new
10 CFR part 37 security requirements,
however, were issued under the NRC’s
authority to protect the public health
and safety. The NRC has determined
that the information protection
requirements set forth in the new 10
CFR part 37 are adequate to protect the
security information associated with
large irradiators, M&Ds, and licensees
that transport category 1 quantities of
radioactive material. Therefore, once
this direct final rule is effective, the
security information associated with
these licensees is no longer required to
be handled as SGI–M. Furthermore, this
will ensure that all the information
security requirements are consistent
across all areas that are regulated under
public health and safety.
Protection of information at a level
less than SGI–M will allow licensees to
communicate more easily with
regulators regarding implementation of
the 10 CFR part 37 requirements, but
still requires licensees to limit access to
specific security plans and procedures.
For example, licensees will be required
to limit access to the plans to those
employees who need access to perform
a job function. Licensees also will be
required to store their security plans in
locked cabinets while not in use, but
could use normal lines of
communication with the NRC or an
Agreement State to discuss securityrelated questions or concerns. This
approach achieves meaningful
information protection without unduly
burdening licensees’ and regulators’
ability to achieve effective
implementation of the 10 CFR part 37
requirements.
If the security-related information for
these facilities remains designated as
SGI–M, the NRC will be responsible for
inspection and enforcement of the SGI–
M programs at those facilities regulated
by an Agreement State. This can result

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in confusion for licensees. Results of
many aspects of the security inspections
would be SGI–M and could not be
discussed in an open environment.
Because only some security-related
information at these facilities would be
SGI–M, licensees would need to
maintain two systems to protect
security-related information, which
needlessly increases the burden on the
licensee.
H. Will the orders be rescinded?
Yes, the orders will be rescinded once
10 CFR part 37 is implemented for NRC
licensees. For Agreement State licenses,
the orders will be rescinded when the
Agreement State adopts program
element requirements based on those
elements that embody the essential
objectives of the 10 CFR part 37
requirements. Agreement States have
until March 2016 to comply.
I. Will the NRC issue guidance for this
rule?
No, the NRC does not plan to issue
guidance specific to this rule. Existing
guidance on SGI does not contain
references to these types of facilities
and, therefore, does not need to be
revised. The guidance on 10 CFR part
37, NUREG–2155, Implementation
Guidance for 10 CFR Part 37, ‘‘Physical
Protection of Category 1 and Category 2
Quantities of Radioactive Material’’
(ADAMS Accession No. ML13053A061),
will be revised to remove references to
SGI–M. Only the revised pages will be
issued for the 10 CFR part 37 guidance
document. The changes will be
included in the next update to NUREG–
2155.
J. Are individuals transporting category
1 radioactive material subject to the
background investigation requirements?
No. Under this final rule, the
Commission is revising the listing of
categories of individuals relieved from
the background investigation
requirements to include employees of
carriers that transport category 1
quantities of radioactive material.
Additionally, information related to the
physical protection of shipments of
source and byproduct material in
category 1 quantities of radioactive
material is no longer designated as SGI–
M. For these reasons, the NRC will rely
on the background investigations
required by the U.S. Department of
Transportation (DOT) and the
Transportation Security Administration
(TSA) programs for background
investigations of these personnel. While
the background investigation may not be
identical to one required under 10 CFR
part 37, the potential risk that a

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commercial driver or package handler
may pose due to any difference in the
background investigation is acceptably
small.
As part of this rulemaking, the NRC
considered the level of responsibility to
place on its licensees regarding
fingerprinting and criminal history
records checks for persons involved in
the transportation of category 1
radioactive material. Licensees covered
by the fingerprinting and criminal
history records check requirements of
10 CFR part 37 may decide to transfer
radioactive material away from the site
or may receive radioactive material from
another entity.
Such transfers or receipts may occur
either as part of a shipment to or from
a domestic or an international company.
Individuals involved in the shipment, in
particular those employed by carriers or
other organizations handling shipments,
may have unescorted access to the
material during the shipment process.
These persons may not be employees of
the licensee and therefore may not be
under the licensee’s direct control.
Section 37.29(a) grants relief from the
background investigation for those
individuals who are commercial vehicle
drivers for category 2 road shipments
and package handlers at transportation
facilities such as freight terminals and
railroad yards.
These individuals would typically be
outside the control of the licensee.

Section 37.43 General Security
Program Requirements

category 1 quantities of concern from
the SGI–M category.

Paragraph (d)(1) is revised to remove
reference to § 37.43(d)(9).
Paragraph (d)(9) is removed from the
regulations to remove the reference to
the SGI requirements in 10 CFR part 73.

Appendix I to Part 73—Category 1 and
2 Radioactive Materials
Appendix I, Table I–1—Quantities of
Concern Threshold Limits, is removed
from the regulations as it is no longer
needed.

III. Summary of Changes

Section 73.23 Protection of Safeguards
Information—Modified Handling:
Specific Requirements

Section 30.4

Definitions

The definition for ‘‘Quantities of
Concern’’ is removed from the
regulations as it is no longer needed.
Section 30.32
Licenses

Application for Specific

Paragraph (k) is removed from the
regulations to remove the reference to
the SGI requirements in 10 CFR part 73.
Section 30.34
Licenses

Terms and Conditions of

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Paragraph (l) is removed from the
regulations to remove the reference to
the SGI requirements in 10 CFR part 73.
Section 37.29 Relief From
Fingerprinting, Identification, and
Criminal History Records Checks and
Other Elements of Background
Investigations for Designated Categories
of Individuals Permitted Unescorted
Access to Certain Radioactive Materials
Paragraph (a)(10) is revised to include
category 1 drivers.

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Section 37.77 Advance Notification of
Shipment of Category 1 Quantities of
Radioactive Material
Paragraph (f) is revised to change the
reference for protection of the
information from § 73.21 to § 37.43(d).
Section 73.2

Definitions

The definition for ‘‘Quantities of
Concern’’ is removed from the
regulations, as it is no longer needed.
Section 73.21 Protection of Safeguards
Information: Performance Requirements
Paragraph (a)(1)(ii) is revised to
remove panoramic and underwater
irradiators that possess greater than 370
TBq (10,000 Ci) of byproduct material in
the form of sealed sources;
manufacturers and distributors of items
containing source, byproduct, or special
nuclear material in greater than or equal
to category 2 quantities of radioactive
material; and transportation of source,
byproduct, or special nuclear material
in greater than or equal to category 1
quantities of radioactive material from
the list of categories of licensees subject
to the provisions of 10 CFR part 73 for
the protection of SGI–M.

The introductory text in this section
is revised to remove panoramic and
underwater irradiators that possess
greater than 370 TBq (10,000 Ci) of
byproduct material in the form of sealed
sources; manufacturers and distributors
of items containing source, byproduct,
or special nuclear material in greater
than or equal to category 2 quantities of
concern; transportation of more than
1000 TBq (27,000 Ci) but less than or
equal to 100 grams of spent nuclear fuel;
and transportation of source, byproduct,
or special nuclear material in greater
than or equal to category 1 quantities of
radioactive material from the list of
categories of licensees subject to the
provisions of 10 CFR part 73 for the
protection of SGI–M.
Paragraph (a)(2) is revised to remove
the security-related information that is
associated with the physical protection
of shipments of more than 1000 TBq
(27,000 Ci) but less than or equal to 100
grams of spent nuclear fuel, source
material and byproduct material in

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Section 150.15 Persons Not Exempt
Paragraph (a)(9) is removed from the
regulations to remove the reference to
the SGI requirements in 10 CFR part 73.
IV. Procedural Background
Because the NRC considers this action
to be non-controversial, the NRC is
using the direct final rule process for
this rule. The amendment to the rule
will become effective on January 28,
2015. However, if the NRC receives a
significant adverse comment on this
direct final rule by October 30, 2014,
then the NRC will publish a document
that withdraws this action and will
address the comments received in a
final rule as a response to the
companion proposed rule published
elsewhere in this issue of the Federal
Register. Absent significant
modifications to the proposed revisions
requiring republication, the NRC will
not initiate a second comment period on
this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC staff
to reevaluate (or reconsider) its position
or conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC staff.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the staff to
make a change (other than editorial) to
the rule.
For detailed instructions on
submitting a comment, please see the
companion proposed rule published

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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations
elsewhere in this issue of the Federal
Register.
V. Compatibility of Agreement State
Regulations
Under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs’’ approved by
the Commission on June 30, 1997, and
published in the Federal Register (62
FR 46517; September 3, 1997), this
direct final rule will be a matter of
compatibility between the NRC and the
Agreement States, thereby providing
consistency among the Agreement
States and the NRC requirements. The
NRC staff and Agreement State
representation analyzed the rule in
accordance with the procedure
established within Part III,
‘‘Categorization Process for NRC
Program Elements,’’ of Handbook 5.9 to
Management Directive 5.9, ‘‘Adequacy
and Compatibility of Agreement State
Programs’’ (a copy of which may be
viewed at http://www.nrc.gov/readingrm/doc-collections/managementdirectives/).
The NRC program elements
(including regulations) are placed into
four compatibility categories (see the
Compatibility Table in this section). In

addition, the NRC program elements can
also be identified as having particular
health and safety significance or as
being reserved solely to the NRC.
Compatibility Category A consists of
program elements that are basic
radiation protection standards and
scientific terms and definitions that are
necessary to understand radiation
protection concepts. An Agreement
State should adopt Category A program
elements in an essentially identical
manner to provide uniformity in the
regulation of agreement material on a
nationwide basis. Compatibility
Category B consists of program elements
that apply to activities that have direct
and significant effects in multiple
jurisdictions. An Agreement State
should adopt Category B program
elements in an essentially identical
manner. Compatibility Category C
consists of 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 nationwide
basis. An Agreement State should adopt
the essential objectives of the Category

C program elements. Compatibility
Category D consists of program elements
that do not meet any of the criteria of
Category A, B, or C, and, therefore, do
not need to be adopted by Agreement
States for purposes of compatibility.
Health and Safety (H&S) are program
elements that are not required for
compatibility but are identified as
having a particular health and safety
role (i.e., adequacy) in the regulation of
agreement material within the State.
Although not required for compatibility,
the State should adopt program
elements in this H&S category based on
those of the NRC that embody the
essential objectives of the NRC program
elements because of particular health
and safety considerations. Compatibility
Category NRC consists of program
elements that address areas of regulation
that cannot be relinquished to
Agreement States under the Atomic
Energy Act of 1954, as amended, or
provisions of 10 CFR. These program
elements are not adopted by Agreement
States. The following table lists the parts
and sections that will be revised and
their corresponding categorization
under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs.’’

COMPATIBILITY TABLE FOR DIRECT FINAL RULE
Compatibility
Section

Change

Subject
Existing

New

10 CFR Part 30
30.4 .................................................
30.32(k) ...........................................
30.34(l) ............................................

Remove
Remove
Remove

Definition of ‘‘quantities of concern.’’ .......................................................
Application for specific licenses ..............................................................
Terms and conditions of licenses ............................................................

NRC.
NRC.
NRC.

10 CFR Part 37
37.29(a)(10) ....................................

Amend ..

37.43(d)(1) ......................................
37.43(d)(9) ......................................
37.77(f) ............................................

Amend ..
Remove
Revise ..

Relief from fingerprinting, identification, and criminal history records
checks and other elements of background investigations for designated categories of individuals permitted unescorted access to
certain radioactive materials.
Remove reference to § 37.43(d)(9). ........................................................
General security program requirements ..................................................
Advance notification of shipment of category 1 quantities of radioactive
material.

B ............

B

NRC.
NRC.
NRC .......

C

NRC.
NRC .......
NRC .......

NRC
NRC

10 CFR Part 73
73.2 .................................................
73.21 ...............................................
73.23 ...............................................

Remove
Amend ..
Amend ..

Appendix I .......................................

Remove

Definition of ‘‘quantities of concern.’’ .......................................................
Protection of safeguards information: performance requirements ..........
Protection of safeguards information-modified handling: specific requirements.
Category 1 and category 2 radioactive materials ...................................

NRC.

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10 CFR Part 150
150.15(a)(9) ....................................

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Persons not exempt ................................................................................

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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations

VI. 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 31883).

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VII. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113), requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC will revise the categories of
licensees subject to the provision of 10
CFR part 73 for the protection of SGI–
M by removing panoramic and
underwater irradiator licensees that
possess more than 370 TBq (10,000 Ci)
of radioactive material, M&D licensees,
licensees that transport category 1
quantities of radioactive material, and
licensees that transport irradiated
reactor fuel that weighs 100 grams or
less in net weight of irradiated fuel from
the listing. This action does not
constitute the establishment of a
standard that establishes generally
applicable requirements.
VIII. Finding of No Significant
Environmental Impact: Availability
The Commission has determined
under the National Environmental
Policy Act of 1969, as amended, and the
Commission’s regulations in subpart A
of 10 CFR part 51, that this rule is not
a major Federal action significantly
affecting the quality of the human
environment and therefore an
environmental impact statement is not
required. The rule changes the
information protection requirements for
112 licensees. The rule will affect
neither radiological or nonradiological
releases nor occupational or public
exposure. The NRC has determined that
there is no significant environmental
impact associated with the rulemaking
action
The environmental assessment
(ADAMS Accession No. ML13046A330)
is available for inspection at the NRC’s
PDR, 11555 Rockville Pike, Rockville,
Maryland 20852.
IX. Paperwork Reduction Act
Statement
This direct final rule decreases the
burden on record-keepers to mark
documents containing Safeguards

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Information designated as SGI–M as
specified in 10 CFR 73.23 (b), (d), and
(f). The burden reduction for this
information collection is estimated to
average 5.5 hours per record-keeper.
Further information about information
collection requirements associated with
this direct final rule can be found in the
companion proposed rule published
elsewhere in this issue of the Federal
Register.
This direct final rule is being issued
prior to approval by the Office of
Management and Budget (OMB) of these
information collection requirements,
which were submitted under OMB
control number 3150–0002. When OMB
notifies us of its decision, we will
publish a document in the Federal
Register providing notice of the
effective date of the information
collections or, if approval is denied,
providing notice of what action we plan
to take.
Send comments on any aspect of
these information collections, including
suggestions for reducing the burden, to
the Information Services Branch, Mail
Stop T–5 F53, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, or by email to
[email protected] and to
the Desk Officer, Danielle Jones, Office
of Information and Regulatory Affairs,
NEOB–10202 (3150–0002), Office of
Management and Budget, Washington,
DC 20503.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection request unless
the requesting document displays a
currently valid OMB control number.
X. Regulatory Analysis
The Commission has prepared a
regulatory analysis (ADAMS Accession
No. ML13046A332) for this direct final
rule. The regulatory analysis examines
the costs and benefits of the alternatives
considered by the Commission. The rule
will reduce the burden on affected
licensees as they will no longer be
required to protect security-related
information as SGI–M. The analysis is
available for inspection in the NRC’s
PDR, 11555 Rockville Pike, Rockville,
Maryland 20852.
XI. Regulatory Flexibility Certification
In accordance with the Regulatory
Flexibility Act of 1980 (5 U.S.C. 605(b)),
the Commission certifies that this rule
does not have a significant economic
impact on a substantial number of small
entities. The direct final rule will
impact 112 licensees, 27 are licensed by

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the NRC and 85 are licensed by
Agreement States. These licensees
include large irradiators, M&Ds, any
licensee that ships category 1 quantities
of radioactive material, and any licensee
that transports irradiated reactor fuel
that weighs 100 grams or less in net
weight of irradiated fuel. Most of the
companies that own these facilities do
not fall within the scope of the
definition of ‘‘small entities’’ set forth in
the Regulatory Flexibility Act or the size
standards established by the NRC (10
CFR 2.810). However, some of the
licensees may. The rule will reduce the
burden on affected licensees as they will
no longer be required to protect
security-related information as SGI–M.
XII. Backfitting and Issue Finality
The NRC has determined that the
backfit rules (§§ 50.109, 70.76, 72.62, or
76.76) and the issue finality provisions
in 10 CFR part 52 do not apply to this
direct final rule because this
amendment does not involve any
provisions that will either impose
backfits as defined in 10 CFR chapter I,
or represent non-compliance with the
issue finality of provisions in 10 CFR
part 52. Therefore, a backfit analysis is
not required for this direct final rule,
and the NRC did not prepare a backfit
analysis for this direct final rule.
XIII. Congressional Review Act
In accordance with the Congressional
Review Act of 1996, the NRC has
determined that this action is not a
major rule and has verified this
determination with the Office of
Information and Regulatory Affairs of
OMB.
List of Subjects
10 CFR Part 30
Byproduct material, Criminal
penalties, Government contracts,
Intergovernmental relations, Isotopes,
Nuclear materials, Radiation protection,
Reporting and recordkeeping
requirements.
10 CFR Part 37
Byproduct material, Criminal
penalties, Export, Hazardous materials
transportation, Import, Licensed
material, Nuclear materials, Reporting
and recordkeeping requirements,
Security measures.
10 CFR Part 73
Criminal penalties, Export, Hazardous
materials transportation, Import,
Nuclear materials, Nuclear power plants
and reactors, Reporting and
recordkeeping requirements, Security
measures.

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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations
10 CFR Part 150
Criminal penalties, Hazardous
materials transportation,
Intergovernmental relations, Nuclear
materials, Reporting and recordkeeping
requirements, Security measures,
Source material, Special nuclear
material.
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 30, 37, 73,
and 150.

1. The authority citation for part 30
continues to read as follows:

■

Authority: Atomic Energy Act secs. 81, 82,
161, 181, 182, 183, 186, 223, 234 (42 U.S.C.
2111, 2112, 2201, 2231, 2232, 2233, 2236,
2273, 2282); Energy Reorganization Act secs.
201, 202, 206 (42 U.S.C. 5841, 5842, 5846);
Government Paperwork Elimination Act sec.
1704 (44 U.S.C. 3504 note); Energy Policy Act
of 2005, Pub. L. 109–58, 119 Stat. 549 (2005).
Section 30.7 also issued under Energy
Reorganization Act sec. 211, Pub. L. 95–601,
sec. 10, as amended by Pub. L. 102–486, sec.
2902 (42 U.S.C. 5851). Section 30.34(b) also
issued under Atomic Energy Act sec. 184 (42
U.S.C. 2234). Section 30.61 also issued under
Atomic Energy Act sec. 187 (42 U.S.C. 2237).
[Amended]

2. In § 30.4, remove the definition for
‘‘Quantities of concern.’’

■

§ 30.32
■

■

[Amended]

4. In § 30.34, remove paragraph (l).

PART 37—PHYSICAL PROTECTION OF
CATEGORY 1 AND CATEGORY 2
QUANTITIES OF RADIOACTIVE
MATERIAL
5. The authority citation for part 37
continues to read as follows:

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■

Authority: Atomic Energy Act secs. 53, 81,
103, 104, 147, 148, 149, 161, 182, 183, 223,
234 (42 U.S.C. 2073, 2111, 2133, 2134, 2167,
2168, 2169, 2201a., 2232, 2233, 2273, 2282).

6. In § 37.29, revise paragraph (a)(10)
to read as follows:

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*
*
*
*
(d) Protection of information. (1)
Licensees authorized to possess category
1 or category 2 quantities of radioactive
material shall limit access to and
unauthorized disclosure of their
security plan, implementing procedures,
and the list of individuals that have
been approved for unescorted access.
*
*
*
*
*
■ 8. In § 37.77, revise paragraph (f) to
read as follows:
§ 37.77 Advance notification of shipment
of category 1 quantities of radioactive
material.

*

*
*
*
*
(f) Protection of information. State
officials, State employees, and other
individuals, whether or not licensees of
the Commission or an Agreement State,
who receive schedule information of the
kind specified in § 37.77(b) shall protect
that information against unauthorized
disclosure as specified in § 37.43(d) of
this part.
PART 73—PHYSICAL PROTECTION OF
PLANTS AND MATERIALS
9. The authority citation for part 73
continues to read as follows:

[Amended]

■

§ 37.43 General security program
requirements.

■

3. In § 30.32, remove paragraph (k).

§ 30.34

(a) * * *
(10) Commercial vehicle drivers for
road shipments of category 1 and
category 2 quantities of radioactive
material;
*
*
*
*
*
■ 7. In § 37.43, revise paragraph (d)(1)
and remove paragraph (d)(9) to read as
follows:

*

PART 30—RULES OF GENERAL
APPLICABILITY TO DOMESTIC
LICENSING OF BYPRODUCT
MATERIAL

§ 30.4

§ 37.29 Relief from fingerprinting,
identification, and criminal history records
checks and other elements of background
investigations for designated categories of
individuals permitted unescorted access to
certain radioactive materials.

Authority: Atomic Energy Act secs. 53,
147, 161, 223, 234, 1701 (42 U.S.C. 2073,
2167, 2169, 2201, 2273, 2282, 2297(f),
2210(e)); Energy Reorganization Act sec. 201,
204 (42 U.S.C. 5841, 5844); Government
Paperwork Elimination Act sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note); Energy
Policy Act of 2005, Pub. L. 109–58, 119 Stat.
594 (2005).
Section 73.1 also issued under Nuclear
Waste Policy Act secs. 135, 141 (42 U.S.C.
10155, 10161).
Section 73.37(f) also issued under sec. 301,
Pub. L. 96–295, 94 Stat. 789 (42 U.S.C. 5841
note).
§ 73.2

[Amended]

10. In § 73.2, remove the definition for
‘‘Quantities of concern.’’

■

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58671

11. In § 73.21, revise paragraph
(a)(1)(ii) to read as follows:

■

§ 73.21 Protection of Safeguards
Information: Performance Requirements.

(a) * * *
(1) * * *
(ii) Establish, implement, and
maintain an information protection
system that includes the applicable
measures for Safeguards Information
specified in § 73.23 related to: Research
and test reactors that possess special
nuclear material of moderate strategic
significance or special nuclear material
of low strategic significance.
*
*
*
*
*
■ 12. In § 73.23, revise the introductory
text of the section and the introductory
text of paragraph (a)(2) to read as
follows:
§ 73.23 Protection of Safeguards
Information-Modified Handling: Specific
Requirements.

This section contains specific
requirements for the protection of
Safeguards Information in the hands of
any person subject to the requirements
of § 73.21(a)(1)(ii) and research and test
reactors that possess special nuclear
material of moderate strategic
significance or special nuclear material
of low strategic significance. The
requirements of this section distinguish
Safeguards Information requiring
modified handling requirements (SGI–
M) from the specific Safeguards
Information handling requirements
applicable to facilities and materials
needing a higher level of protection, as
set forth in § 73.22.
(a) * * *
(2) Physical protection in transit.
Information not classified as Restricted
Data or National Security Information
related to the physical protection of
shipments of special nuclear material in
less than a formula quantity (except for
those materials covered under § 73.22),
including:
*
*
*
*
*
Appendix I to Part 73—[Removed]
■

13. Remove Appendix I to part 73.

PART 150—EXEMPTIONS AND
CONTINUED REGULATORY
AUTHORITY IN AGREEMENT STATES
AND IN OFFSHORE WATERS UNDER
SECTION 274
14. The authority citation for part 150
continues to read as follows:

■

Authority: Atomic Energy Act secs. 161,
181, 223, 234 (42 U.S.C. 2201, 2021, 2231,
2273, 2282); Energy Reorganization Act sec.
201 (42 U.S.C. 5841); Government Paperwork
Elimination Act sec. 1704 (44 U.S.C. 3504

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note); Energy Policy Act of 2005, Pub. L.
109–58, 119 Stat. 594 (2005).
Sections 150.3, 150.15, 150.15a, 150.31,
150.32 also issued under Atomic Energy Act
secs. 11e(2), 81, 83, 84 (42 U.S.C. 2014e(2),
2111, 2113, 2114).
Section 150.14 also issued under Atomic
Energy Act sec. 53 (42 U.S.C. 2073).
Section 150.15 also issued under Nuclear
Waste Policy Act secs. 135 (42 U.S.C. 10155,
10161).
Section 150.17a also issued under Atomic
Energy Act sec. 122 (42 U.S.C. 2152).
Section 150.30 also issued under Atomic
Energy Act sec. 234 (42 U.S.C. 2282).
§ 150.15

[Amended]

15. In § 150.15, remove paragraph
(a)(9).

■

Dated at Rockville, Maryland, this 23rd day
of September, 2014.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2014–23256 Filed 9–29–14; 8:45 am]
BILLING CODE 7590–01–P

NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2013–0269]
RIN 3150–AJ30

List of Approved Spent Fuel Storage
Casks: Transnuclear, Inc. NUHOMS®
HD Cask System, Certificate of
Compliance No. 1030, Amendment
No. 2

FOR FURTHER INFORMATION CONTACT:

Nuclear Regulatory
Commission.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) is confirming the
effective date of October 14, 2014, for
the direct final rule that was published
in the Federal Register on July 31, 2014.
This direct final rule amended the
NRC’s spent fuel storage regulations by
revising the Transnuclear, Inc.
NUHOMS® HD Cask System listing
within the ‘‘List of Approved Spent Fuel
Storage Casks’’ to include Amendment
No. 2 to Certificate of Compliance (CoC)
No. 1030.
DATES: Effective date: The effective date
of October 14, 2014, for the direct final
rule published July 31, 2014 (79 FR
44264), is confirmed.
ADDRESSES: Please refer to Docket ID
NRC–2013–0269 when contacting the
NRC about the availability of
information for this direct final rule.
You may obtain publicly-available

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SUMMARY:

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information related to this direct final
rule by any of the following methods:
• Federal Rulemaking Web site: Go
to: http://www.regulations.gov and
search for Docket ID NRC–2013–0269.
Address questions about NRC dockets to
Carol Gallagher; telephone: 301–287–
3422; email: [email protected].
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 publiclyavailable 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 [email protected]. The
ADAMS accession number for each
document referenced in this document
(if that document is 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.
Gregory Trussell, Office of Federal and
State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
6445, email: [email protected].
On July
31, 2014 (79 FR 44264), the NRC
published a direct final rule amending
its regulations at § 72.214 of Title 10 of
the Code of Federal Regulations by
revising the Transnuclear, Inc.
NUHOMS® HD Cask System listing
within the ‘‘List of Approved Spent Fuel
Storage Casks’’ to include Amendment
No. 2 to CoC No. 1030. In the direct
final rule, the NRC stated that if no
significant adverse comments were
received, the direct final rule would
become effective on October 14, 2014.
The NRC did not receive any comments
on the direct final rule. Therefore, this
direct final rule will become effective as
scheduled.
SUPPLEMENTARY INFORMATION:

Dated at Rockville, Maryland, this 24th day
of September, 2014.

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For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives
Branch, Division of Administrative Services,
Office of Administration.
[FR Doc. 2014–23220 Filed 9–29–14; 8:45 am]
BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 135
[Docket No. FAA–2010–0982]
RIN 2120–AJ53

Helicopter Air Ambulance, Commercial
Helicopter, and Part 91 Helicopter
Operations; Clarification
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; clarification.
AGENCY:

This document provides
clarification of the intent of the
Approach/Departure IFR Transitions
regulation contained in the Helicopter
Air Ambulance, Commercial Helicopter,
and Part 91 Helicopter Operations final
rule, published on February 22, 2014.
After publication, the FAA received
comments and questions from intended
users and industry advocacy groups
about the clarity of terms used in this
regulation, specifically, regarding the
use of published instrument approaches
and departures and the visibility
limitations and differences between the
terms ‘‘proceed visually’’ and ‘‘proceed
VFR’’. The FAA is clarifying the terms
and intent of this regulation in order to
increase situational awareness and
enhance Helicopter Air Ambulance
safety. This clarification is intended for
Part 135 air carriers engaged in
helicopter air ambulance operations,
and Principal Inspectors with oversight
responsibility for helicopter air
ambulance operations.
DATES: Effective September 30, 2014.
FOR FURTHER INFORMATION CONTACT: For
technical questions, contact Andrew C.
Pierce, Air Transportation Division,
Flight Standards Service, Federal
Aviation Administration; telephone
(202) 267–8238; email andy.pierce@
faa.gov. For legal questions contact
Nancy Sanchez, Regulations Division,
Office of the Chief Counsel, Federal
Aviation Administration; telephone
(202) 267–3073; email nancy.sanchez@
faa.gov.
SUMMARY:

On
February 21, 2014, the FAA published
a final rule entitled, ‘‘Helicopter Air

SUPPLEMENTARY INFORMATION:

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