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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations
reference 10 CFR 50.33a through c and j.
10 CFR Part 55
Correct Punctation. This final rule amends 55.33a1 to correct the word applicants to read applicants.
10 CFR Part 71
Correct a Formatting Error. This final rule corrects 71.4 to italicize the term licensed material.
10 CFR Part 110
Correct Grammatical Error. This final rule amends the definition for medical isotope in 110.2 to correct the phrase radiopharmaceutical for diagnostic, therapeutic procedures or for research and development to read radiopharmaceutical for diagnostic or therapeutic procedures or for research and development.

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III. Rulemaking Procedure Under section 553b of the Administrative Procedure Act 5
U.S.C.553b, 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. 553b3B, the NRC finds good cause to waive notice and opportunity for comment on these amendments, because notice and opportunity for comment is unnecessary. The amendments will have no substantive impact and are of a minor and administrative nature dealing with corrections to certain CFR
sections or are related only to management, organization, procedure, and practice. Specifically, the revisions correct a grammatical error, punctuation, a reference, formatting, a mathematical formula, and spelling;
clarify language; revise contact information; and update an authority citation and internal procedures. The Commission is exercising its authority under 5 U.S.C.553b to publish these amendments as a final rule. The amendments are effective December 30, 2021. These amendments do not require action by any person or entity regulated by the NRC and do not change the substantive responsibilities of any person or entity regulated by the NRC.
IV. Backfitting and Issue Finality The NRC has determined that the corrections in this final rule would not constitute backfitting as defined in 50.109, Backfitting, and as described in NRC Management Directive MD 8.4, Management of Backfitting, Forward
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Fitting, Issue Finality, and Information Requests. These corrections also would not constitute forward fitting as that term is defined and described in MD 8.4
or affect the issue finality of any approval issued under 10 CFR part 52.
The amendments are non-substantive in nature, including correcting a grammatical error, punctuation, a reference, formatting, a mathematical formula, and spelling; clarifying language; revising contact information;
and updating an authority citation and internal procedures. They impose no new requirements and make no substantive changes to the regulations.
The corrections do not involve any provisions that would impose backfits as defined in 10 CFR chapter I, or that would be inconsistent with the issue finality provisions in 10 CFR part 52.
For these reasons, the issuance of this final rule would not constitute backfitting or be inconsistent with any of the issue finality provisions in 10
CFR part 52. Therefore, the NRC has not prepared any additional documentation for this correction rulemaking addressing backfitting or issue finality.
V. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, Plain Language in Government Writing, published June 10, 1998 63 FR 31885.
VI. National Environmental Policy Act The NRC has determined that this final rule is the type of action described in 51.22c2, which categorically excludes from environmental review rules that are corrective or of a minor, nonpolicy nature and do not substantially modify existing regulations. Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this rule.
VII. Paperwork Reduction Act This final rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995
44 U.S.C. 3501 et seq. and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995.
VIII. Congressional Review Act This final rule is not a rule as defined in the Congressional Review Act 5
U.S.C. 801808.

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IX. Compatibility of Agreement State Regulations Under the Agreement State Program Policy Statement approved by the Commission on October 2, 2017, and published in the Federal Register on October 18, 2017 82 FR 48535, NRC
program elements including regulations are placed into compatibility categories A, B, C, D, NRC, or adequacy category Health and Safety H&S. Compatibility Category A
program elements are those 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 in order to provide uniformity in the regulation of agreement material on a nationwide basis. Compatibility Category B program elements are those 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
program elements are those program elements that do not meet the criteria of Category A or B, but contain the essential objectives that an Agreement State should adopt to avoid conflict, duplication, gaps, or other conditions that would jeopardize an orderly pattern in the regulation of agreement material on a national basis. An Agreement State should adopt the essential objectives of the Category C program elements.
Compatibility Category D program elements are those 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.
Compatibility Category NRC program elements are those program elements that address areas of regulation that cannot be relinquished to the Agreement States under the Atomic Energy Act of 1954, as amended, or provisions of 10 CFR. These program elements should not be adopted by the Agreement States. Compatibility Category H&S program elements are program elements that are required because of a particular health and safety role in the regulation of agreement material within the State and should be adopted in a manner that embodies the essential objectives of the NRC program.
The portions of this final rule that amend 10 CFR parts 37, 40, and 71 are a matter of compatibility between the NRC and the Agreement States, thereby providing consistency among
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