[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Rules and Regulations]
[Page 11527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4620]



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  Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / 
Rules and Regulations  

[[Page 11527]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AF94


Changes, Tests, and Experiments; Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correcting amendments.

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SUMMARY: This document corrects a final rule appearing in the Federal 
Register on October 4, 1999 (65 FR 53582). This action to correct two 
editorial errors is necessary for clarity and consistency in the 
regulations.

DATES: Effective on April 5, 2001.

FOR FURTHER INFORMATION CONTACT: Jayne McCausland [telephone (301) 415-
6219, e-mail [email protected]] of the Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

SUPPLEMENTARY INFORMATION:

Background

    On October 21, 1998 (64 FR 56098), a proposed rule to revise the 
``Changes, Tests, and Experiments'' regulations was published in the 
Federal Register, and on October 4, 1999 (65 FR 53582), the NRC 
published the final rule. The purpose of the rule was to revise 
Secs. 50.59 and 72.48 to reduce regulatory burden and enhance clarity 
between the regulations in Parts 50 and 72. After the final rule was 
published, two minor editorial errors were discovered in Sec. 72.48. 
Industry identified one error in paragraph (c)(2)(iii) and NRC 
identified the other error in (c)(2)(vii). In paragraph (c)(2)(iii), 
the term ``(as updated)'' was omitted. This term had been used in the 
proposed rule issued on October 21, 1998 (64 FR 56098), and no public 
comments had been received on its use. In paragraph (c)(2)(vii), the 
phrase ``as described in the FSAR'' had been mispositioned in the 
sentence, resulting in an inconsistency between this section and 
Sec. 50.59(c)(2)(vii), which issues the same criterion.

Need for Corrections

    As published, the final rule entitled ``Changes, Tests, and 
Experiments'' (64 FR 53582; October 4, 1999) contains errors which may 
prove to be misleading and need to be clarified.

List of Subjects in 10 CFR Part 72

    Criminal penalties, Manpower training programs, Nuclear materials, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Security measures, Spent fuel.

    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. 553, the NRC is adopting the 
following amendment to 10 CFR Part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

    1. The authority citation for Part 72 continues to read as follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 295 as amended by Pub. L. 102-486, 
sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 91-
190, 83 Stat. (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, 
Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 
100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 
10157, 10161, 10168).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330--236 (42 U.S.C. 10162(b), 
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 
935 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203; 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 
10137(a), 10161(h). Subparts K and L are also issued under sec. 133, 
96 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 
U.S.C. 10198).


    2. In Sec. 72.48, paragraphs (c)(2)(iii) and (c)(2)(vii) are 
revised to read as follows:


Sec. 72.48  Changes, tests, and experiments.

* * * * *
    (c) * * *
    (2) * * *
    (iii) Result in more than a minimal increase in the consequences of 
an accident previously evaluated in the FSAR (as updated);
* * * * *
    (vii) Result in a design basis limit for a fission product barrier 
as described in the FSAR (as updated) being exceeded or altered; or
* * * * *

    Dated at Rockville, Maryland, this 21st day of February, 2001.

    For the Nuclear Regulatory Commission.
Michael T. Lesar,
Acting Chief, Rules and Directives Branch, Division of Administrative 
Services, Office of Administration.
[FR Doc. 01-4620 Filed 2-23-01; 8:45 am]
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