[Federal Register Volume 73, Number 82 (Monday, April 28, 2008)]
[Rules and Regulations]
[Pages 22786-22787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8890]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2, 50, 51, 52, and 100

[NRC-2008-0222]
RIN 3150-AI05


Limited Work Authorizations for Nuclear Power Plants; Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correction.

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SUMMARY: This document corrects a final rule appearing in the Federal 
Register on October 9, 2007 (72 FR 57415), that amended the Nuclear 
Regulatory Commission's (NRC) regulations applicable to limited work 
authorizations (LWAs). This document is necessary to correct erroneous 
language to the preamble and codified language of the final rule.

DATES: The correction is effective April 28, 2008, and is applicable to 
November 8, 2007.

FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking, 
Directives, and Editing Branch, Division of Administrative Services, 
Office of Administrative, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone 301-415-7163, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: This document corrects erroneous language to 
the preamble and codified language of the final rule published on 
October 9, 2007 (72 FR 57415). Also, as published, the final 
regulations contain errors which may prove to be misleading and need to 
be clarified. The following corrects the preamble to the October 9, 
2007, document.
    1. On page 57427, third column, in the first paragraph, the last 
line is corrected to read as follows:
    To ensure that the NRC has sufficient information to perform the 
cumulative impacts analysis in a timely fashion, the final LWA rule 
includes a requirement, in Sec.  51.45(c), for the environmental report 
submitted by an applicant for an ESP, LWA, construction permit, or 
combined license to include a description of impacts of the applicant's 
preconstruction activities at the proposed site (i.e., the activities 
listed in a paragraph (2)(i) through (2)(x) in the definition of 
construction contained in Sec.  51.4), that are necessary to support 
the construction and operation of the facility which is the subject of 
the ESP, LWA, construction permit, or combined license application, and 
an analysis of the cumulative impacts of the activities

[[Page 22787]]

to be authorized by the ESP, LWA, construction permit, or combined 
license in light of the preconstruction impacts.
    2. On page 57433, third column, the last paragraph is revised to 
read as follows:
    Section 51.4 is revised by adding a new definition of 
``construction,'' which is identical to the definition of construction 
in the revised Sec.  50.10. This makes applicable throughout part 51 
the definition of construction in Sec.  50.10.
    3. On page 57434, in the first column, the first paragraph is 
removed.
    4. On page 57434, in the first column, the paragraph under Sec.  
51.45 is corrected to read as follows:
    Paragraph (c) is revised by adding a new requirement requiring 
environmental reports for ESPs, LWAs, construction permits, and 
combined licenses to include a description of impacts of the 
applicant's preconstruction activities at the proposed site (i.e., the 
activities listed in paragraphs (2)(i) through (2)(x) in the definition 
of ``construction'' contained in Sec.  51.4), that are necessary to 
support the construction and operation of the facility which is the 
subject of the ESP, LWA, construction permit, or combined license 
application, and an analysis of the cumulative impacts of the 
activities to be authorized by the ESP, LWA, construction permit, or 
combined license in light of the preconstruction impacts.

List of Subjects in 10 CFR Part 51

    Administrative practice and procedure, Environmental impact 
statement, Nuclear materials, Nuclear power plants and reactors, 
Reporting and recordkeeping requirements.


0
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 amendment to 10 CFR part 51.

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC 
LICENSING AND RELATED REGULATORY FUNCTIONS

0
1. The authority citation for part 51 continues to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 
Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as 
amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 
5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Subpart A 
also issued under National Environmental Policy Act of 1969, secs. 
102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 
4335); and Pub. L. 95-604, Title II, 92 Stat. 3033-3041; and sec. 
193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 
51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs. 135, 
141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-
203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). Section 
51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 
Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act 
of 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 
51.67, and 51.109 also issued under Nuclear Waste Policy Act of 
1982, sec. 114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)).


0
2. In Sec.  51.45, paragraph (c), the second complete sentence is 
corrected to read as follows:


Sec.  51.45  Environmental report.

* * * * *
    (c) * * * An environmental report prepared at the early site permit 
stage under Sec.  51.50(b), limited work authorization stage under 
Sec.  51.49, construction permit stage under Sec.  51.50(a), or 
combined license stage under Sec.  51.50(c) must include a description 
of impacts of the preconstruction activities performed by the applicant 
at the proposed site (i.e., those activities listed in paragraphs 
(2)(i) through (2)(x) in the definition of ``construction'' contained 
in Sec.  51.4), necessary to support the construction and operation of 
the facility which is the subject of the early site permit, limited 
work authorization, construction permit, or combined license 
application. * * *
* * * * *

    Dated at Rockville, Maryland, this 18th day of April 2008.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
 [FR Doc. E8-8890 Filed 4-25-08; 8:45 am]
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