[Federal Register Volume 67, Number 82 (Monday, April 29, 2002)]
[Rules and Regulations]
[Pages 20884-20885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10458]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 2

RIN 3150-AG04


Disposal of High-Level Radioactive Wastes in a Proposed Geologic 
Repository at Yucca Mountain, NV; Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Correcting amendments.

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SUMMARY: This document contains a correction to a conforming amendment 
included with the final regulations establishing licensing criteria for 
the disposal of spent nuclear fuel and high-level radioactive wastes in 
the proposed geologic repository at Yucca Mountain, Nevada, which the 
Nuclear Regulatory Commission published in the Federal Register of 
November 2, 2001 (66 FR 55732).

EFFECTIVE DATE: December 3, 2001.

FOR FURTHER INFORMATION CONTACT: Timothy McCartin, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-6681; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of this correction 
became

[[Page 20885]]

effective on December 3, 2001. The final rule, published November 2, 
2001 (66 FR 55732), added Part 63, Disposal of High-Level Radioactive 
Wastes in a Geologic Repository at Yucca Mountain, Nevada, to the NRC's 
regulations, and made conforming amendments to other parts of 10 CFR 
Chapter 1. One of the conforming amendments included in the final rule 
was intended to amend Sec. 2.714(d) to include a cross-reference to the 
new part 63. However, as a result of that amendment, paragraphs (d)(1) 
and (d)(2) were inadvertently removed from the NRC's regulations at 
Sec. 2.714(d). The NRC did not intend to remove these paragraphs.

Need for Correction

    As published, the final regulations erroneously omit two paragraphs 
of Sec. 2.714(d) which address the consideration by a ruling body of a 
petition to intervene in, or a request for a hearing on, a licensing 
proceeding. This correction restores those paragraphs to 10 CFR part 2, 
Subpart G.

List of Subjects in 10 CFR Part 2

    Administrative procedure and practice, Antitrust, Byproduct 
material, Classified information, Environmental protection, Nuclear 
materials, Nuclear power plants and reactors, Penalties, Sex 
discrimination, Source material, Special nuclear material, Waste 
treatment and disposal.

    Accordingly, 10 CFR part 2 is corrected by making the following 
correcting amendments:

PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND 
ISSUANCE OF ORDERS

    1. The authority citation for Part 2 continues to read as follows:

    Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 
409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 
5841); 5 U.S.C. 552.

    Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 
105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 
2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 
96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, Pub. L. 91-
190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 
(42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also 
issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 
938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 
2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 
(42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161 b, 
i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended 
(42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat. 1246 (42 
U.S.C. 5846). Sections 2.205(j) also issued under Pub. L. 101-410, 104 
Stat. 890, as amended by section 31001(s), Pub. L. 104-134, 110 Stat. 
1321-373 (28 U.S.C. 2461 note).
    Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 
Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also 
issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also 
issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 
141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 
U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued 
under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and 
sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). 
Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); 
sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L 
also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A 
also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 
2135).

    2. In Sec. 2.714, revise paragraph (d) to read as follows:


Sec. 2.714  Intervention.

* * * * *
    (d) The Commission, the presiding officer, or the Atomic Safety and 
Licensing Board designated to rule on petitions to intervene and/or 
requests for hearing shall permit intervention, in any hearing on an 
application for a license to receive and possess high-level radioactive 
waste at a geologic repository operations area, by the State in which 
such area is located and by any affected Indian Tribe as defined in 
part 60 or 63 of this chapter. In all other circumstances, such ruling 
body or officer shall, in ruling on--
    (1) A petition for leave to intervene or a request for a hearing, 
consider the following factors, among other things:
    (i) The nature of the petitioner's right under the Act to be made a 
party to the proceeding.
    (ii) The nature and extent of the petitioner's property, financial, 
or other interest in the proceeding.
    (iii) The possible effect of any order that may be entered in the 
proceeding on the petitioner's interest.
    (2) The admissibility of a contention, refuse to admit a contention 
if:
    (i) The contention and supporting material fail to satisfy the 
requirements of paragraph (b)(2) of this section; or
    (ii) The contention, if proven, would be of no consequence in the 
proceeding because it would not entitle petitioner to relief.
* * * * *

    Dated at Rockville, Maryland, this 23rd day of April, 2002.

    For the Nuclear Regulatory Commission.
Michael T. Lesar,
Federal Register Liaison Officer.
[FR Doc. 02-10458 Filed 4-26-02; 8:45 am]
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